HomeMy WebLinkAbout2021.10.18 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, October 18, 2021
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's
Heathy Washington - Roadmap to Recovery, Phase 3 made in response to
the COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in-person will
need to follow the Governor's protocol outlined in Proclamation No. 20-28.15.
Individuals, who would like to provide public comment remotely, may continue
to do so by filling out the online form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests
to comment in meetings must be received by 4:00 p.m. on the day of each
meeting.
To listen to the meeting via phone, call (213) 929-4212 and use access code
398-399-253.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council members
or the public, the item may be removed from the Consent Agenda to the
Regular Agenda and considered separately.
5 - 22 (a) Approval of Meeting Minutes
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To approve the minutes of the Pasco City Council Meeting held on
October 4, 2021 and Workshop held on October 11, 2021.
23 - 25 (b) Bills and Communications
To approve claims in the total amount of $2,440,673.88 ($1,388,853.09
in Check Nos. 244286-244543; $167,720.82 in Electronic Transfer
Nos. 833358, 833420-833424; $9,994.96 in Check Nos. 53764-53772;
$874,095.01 in Electronic Transfer Nos. 30166786-30167316; $10.00
in Electronic Transfer Nos. 827).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non -
criminal, criminal, and parking) accounts receivable in the total amount
of $282,358.32 and, of that amount, authorize $0.00 to be turned over
for collection.
26 - 64 (c) Tourism Promotion Area (TPA) Update and 2022 Budget &
Marketing Plan
MOTION: I move to approve the 2022 Marketing Plan and Operating
Budget for the Tourism Promotion Area in the total amount of
$1,871,914.
65 - 69 (d) Resolution - Reserve Center Lease Extension with the Port of
Pasco
MOTION: I move to approve Resolution No. 4101, authorizing the City
Manager to sign and execute Amendment No. 1 to the term building
lease between the Port of Pasco and the City of Pasco..
70 - 80 (e) Resolution - Amended Agreement with TCA, Inc. for Architectural
and Engineering Services for Fire Department Facilities
MOTION: I move to approve Resolution No. 4102, approving the
acceptance of Amendment No. 1 to the TCA Professional Services
Agreement for Station No. 85 design.
81 - 115 (f) Resolution - Public Works Board $10M Loan Agreement - Zone 3
Storage Reservoir Construction
MOTION: I move to approve Resolution No. 4103, authorizing
execution of the $10M loan agreement with the Public Works Board for
the Zone 3 Reservoir Storage Tank project.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
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express an opinion on an issue. Its purpose is not to provide a venue for
debate or for the posing of questions with the expectation of an immediate
response. Some questions require consideration by Council over time and
after a deliberative process with input from a number of different sources;
some questions are best directed to staff members who have access to
specific information. Citizen comments will normally be limited to three
minutes each by the Mayor. Those with lengthy messages are invited to
summarize their comments and/or submit written information for
consideration by the Council outside of formal meetings.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
116 - 120 (a) Resolution - Surplus of City Property on Road 40 East (Parcel
No.112-540-019)
MOTION: I move to approve Resolution No. 4104, approving the
surplus of certain real property on Road 40 East, and further, authorize
the City Manager to sell the property through realtor listing for a
minimum price determined through market analysis.
121 - 139 (b) Resolution - Sale of Property on Road 40 East (Parcel No. 112-540-
019)
MOTION: I move to approve Resolution No. 4105, approving the sale
of certain real property on Road 40 East.
10. UNFINISHED BUSINESS
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) Consideration of site selection or acquisition of real estate
purchase or lease if likelihood that disclosure would increase
price per RCW 42.30.110(1)(b). (10 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
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(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
140 - 145 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, October 18, 6:00 PM: LEOFF Disability Board –
City Hall Conference Room 1, Pasco City Hall (MAYOR
SAUL MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE
BARAJAS, Alt.)
• Tuesday, October 19, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City Hall
(COUNCILMEMBER CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Wednesday, October 20, 5:30 PM: Benton, Franklin & Walla
Walla Counties Good Roads & Transportation Association
Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
• Thursday, October 21, 3:30 PM: Franklin County
Emergency Management Council Meeting – FCEM Office,
1011 E. Ainsworth (COUNCILMEMBER CRAIG MALONEY,
Rep.; MAYOR SAUL MARTINEZ, Alt.)
• Thursday, October 21, 4:00 PM: Tri-Cities National Park
Committee Meeting – Tri-Cities Regional Business & Visitor
Center, Bechtel Board Room, 7130 W. Grandridge Blvd.,
Kennewick (MAYOR SAUL MARTINEZ, Rep.; MAYOR PRO
TEM BLANCHE BARAJAS, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council October 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
10.04.21 & 10.11.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting held on October 4,
2021 and Workshop held on October 11, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, October 4, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; a nd Krystle Shanks,
Deputy City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on
September 20, 2021 and Workshop held on September 27, 2021.
Bills and Communications
To approve claims in the total amount of $5,922,639.50 ($3,670,468.28
in Check Nos. 244003-244285; $1,400,738.12 in Electronic Transfer Nos.
833027-833068, 833073-833091, 833101-833152, 833156-833164,
833170-833226, 833228, 833233-833302, 833349-833352; $8,212.91 in
Check Nos. 53756-53763; $843,220.19 in Electronic Transfer Nos.
30166252-30166785).
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Ordinance - Amending Pasco Public Facilities District Charter
Related to Ballot Issue Process
To adopt Ordinance No. 4552, amending the Charter of the Pasco Public
Facilities District and publishing it as a Restated Charter, and, further,
authorize publication by summary only.
Resolution - Naming of New Park in Chapel Hill Neighborhood
To approve Resolution No. 4097, approving the name "Palomino Park"
for the new city park located in the Chapel Hill neighborhood.
Resolution - Acceptance of Work for Gesa Stadium Batting Cages
To approve Resolution No. 4098, accepting the work perform ed by AllStar
Construction Group for the Gesa Stadium Batting Cages.
Lodging Tax Advisory Committee (LTAC) Recommendations for
2022
To approve the allocation of 2022 Lodging Tax receipts as recommended
by the Lodging Tax Advisory Committee.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Alvarado seconded. The motion carried by
unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Letter of Appreciation to Mayor Martinez from 9th Legislative District
of Washington State Legislature
Mr. Zabell announced the letter Mayor Martinez received from the
Legislators from the 9th District expressing appreciation to Mayor
Martinez for his leadership during the COVID-19 pandemic.
VISITORS - OTHER THAN AGENDA ITEMS
John Rose, Pasco resident, spoke on COVID-19 and suggested a peer
review committee.
Eric Larson, Pasco resident and owner of Clear Mind Cannabis, spoke
about cannabis and business licensing, and offered his voice in a
community survey.
A brief discussion ensued with staff regarding community surveys.
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David Cortinas, Pasco resident and President of the Latin Business
Association (LBA), spoke on outdated ordinances/regulations in the
downtown area.
Leo Morales, Pasco resident and business owner, offered his three
minutes to Mr. Cortinas to continue to speak.
Mayor Martinez stated that Mr. Cortinas already used his allotted time.
Mr. Morales expressed his concerns about the timeliness of change and
action from Council and staff in helping downtown business owners.
Steve Bauman, Pasco resident and busin ess owner, asked if Council
meetings are operated on Robert’s Rules of Order. Mr. Ferguson,
responded that the Robert’s Rules of Order (RRO) are used a basis for
Council meetings. Mr. Bauman expressed his disappointment that the
RRO were not used explicitly.
Marie, a downtown Pasco business owner, asked for help with the fire
sprinkler systems for her building to bring it up to code.
Veronica Ramirez, a downtown Pasco business owner, wanted to know
where checks were going to come that they were promised and wanted
to know why she was being asked certain questions in order to get the
money. She felt the questions weren't necessary. Mr. Cortinas provided
translation for Ms. Ramirez.
Francisco Valle, Economic Development Board Member of the LBA,
stated they need assistance and discussed issues with ARPA funding
checks, applications (online and in-person) and the questions being
asked of LBA members. Mr. Cortinas provided translation for Mr. Valle.
A Spanish speaking woman, reiterated what others had stated in that
money is needed now for the survival of her business. Mr. Cortinas
provided translation for her.
Finance Director Sigdel responded the concerns related to ARPA funds
and confirmed that more than $2.7 million of the ARPA funds were
distributed. She stated that with federal grant funding, it is not an easy
process and staff recognizes that the questions asked might feel more
intrusive than other interactions with local government because there has
to be a proof to show the federal government that the funds distributed to
the City were utilized in the correct manner of the grant requirements.
Lastly, she provided details of the funding allocated for the Business
Assistance Program.
Mayor Martinez asked how the business owners can be assured that their
application is being processed and who is contacting them.
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Ms. Sigdel said that the business owners should have been contacted by
the Pasco Chamber of Commerce at this point.
Mr. Maloney asked if any applications at this point have been rejected or
if they are all pending or waiting further documentation and if new
applications were being accepted.
Ms. Sigdel said none have been rejected as there is still funding available.
As long as there is funding, they will try to get the businesses to submit
the needed documentation. However, no new applications are being
accepted at this time.
Mayor Martinez summarized Ms. Sigdel's comments in Spanish for the
Spanish speakers in the audience.
Ms. Ramirez addressed Mayor Martinez again regarding the questions
she was being asked by the Pasco Chamber for her application for ARPA
funds. Mr. Cortinas translated for Ms. Ramirez.
Mr. Zabell confirmed that they would reach out to Ms. Ramirez to address
her concerns and follow up with the Pasco Chamber of Commerce.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Roach reported on the Redistricting Commission Subcommittee she
had attended earlier in the evening.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - AMI Pasco Development - C-1 to R-3 (Z 2021-011)
Mayor Martinez announced that th e AMI Pasco Development rezoning
request was a quasi-judicial action and asked Mr. Ferguson to explain the
procedure for quasi-judicial items.
Mr. Ferguson read the quasi-judicial procedure including how the
Appearance of Fairness Doctrine applies to it. Next, he asked all
Councilmembers a series of questionsassociated wit potential conflicts of
interest to disclose such potential conflicts or appearance of conflicts.
With no response from the Councilmembers, he ask if any members of
the public were seeking to disqualify a member of Council form
participating in the proceedings. No one came forward.
Mr. White provided a brief overview of the rezone from C-1 (Retail
Business) to R-3 (Medium Density Residential) for 7 acres of land located
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at Argent and Road 68 and noted the Pasco Hearing Examiner
recommended approval of the rezone after the September 8, 2021
hearing.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4553,
rezoning two parcels located near the southeast corner of Road 68 and
Argent Road in Pasco, Franklin County, Washington from C-1 to R-3, and
further, authorize publication by summary only. Mr. Serrano seconded.
The motion carried unanimously.
Ordinance - Three River Group- C-1 to R-4 (Z 2021-012)
Mayor Martinez announced that the Three River Group rezoning request
was a quasi-judicial action and asked Mr. Ferguson to explain the
procedure for quasi-judicial items.
Mr. Ferguson read through the quasi-judicial requirements again and no
Council or public member responded with a disqualification of a
Councilmember participating in the discussion and final action of the
proposed rezone.
Mr. White provided a brief overview of the rezone from C-1 (Retail
Business) to R-4 (High Density Residential) for a 2 acre site located on
the east side of Road 92 north of Sandifur Parkway. The Pasco Hearing
Examiner recommended approval after the September 8, 2021 hearing.
Ms. Roach discussed her concerns with rezoning commercial property to
residential in the proposed location close to major arterials as there is a
need for commercial growth and didn't want to lose that potential tax base.
Ms. Roach understood the importance of additional higher density
housing for the projected population growth but didn't want to lose
commercial zoning in this area and was not in favor of rezoning.
Mr. Serrano followed up on Ms. Roach's concerns and discussed utilities.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4554,
rezoning a parcel located along the east side of Road 92, approximately
250 feet north of Sandifur Parkway in Franklin County, Washington, from
C-1 to R-4, and further, authorize publication by summary only. Mr.
Alvarado seconded. The motion carried 6-1 with Roach dissenting.
Ordinance - Liberty Lake Properties /Blue Dog RV- C-1 to CR (Z 2021-
013)
Mayor Martinez announced that the Liberty Lake/Blue Dog RV rezoning
request was a quasi-judicial action and asked Mr. Ferguson to explain the
procedure for quasi-judicial items.
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Mr. Ferguson read through the quasi-judicial requirements again and no
Council or public member responded with a disqualification of a
Councilmember participating in the discussion and final action of the
proposed rezone.
Mr. White provided a brief overview on the rezone from C-1 (Retail
Business) to CR (Commercial Retail) which would allow for the sale of
RV's located on 13.5 acres near Chapel Hill Boulevard and Broadmoor
Boulevard. The Pasco Hearing Examiner recommended approval after
the September 8, 2021 hearing.
Mr. Maloney had questions regarding the comments from Washington
State Department of Transportation (WSDOT) for the developer in
relation to the interchange.
Mr. White explained that it was common language and would be
addressed during the permitting process.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4555,
rezoning a parcel located near the northwest corner of Chapel Hill
Boulevard and Road 100 / Broadmoor Boulevard from C-1 to CR, and
further, authorize publication by summary only. Mr. Maloney seconded.
The motion carried unanimously.
Resolution - Professional Services Agreement with RH2 Engineering
for Design Services for the West Pasco Water Treatment Plant
Expansion Ph. 2 Project
Mr. Worley discussed the Professional Services Agreement with RH2
Engineering for Design Services for the WPWTP Expansion Ph. 2. He
explained that as Pasco continues to grow, so does the need for clean
water and outlined the projects, Phase 1 - Treatment (2nd rack of filters),
Phase 2 - Pumping Needs (Increase needed water) and Phase 3 -
Redundancy (Ensures if elements go down it keeps running).
Mayor Martinez asked for clarification between Phase 3 and Zone 3,
mentioned in another item on the agenda. Mr. Worley explained that
Phase 3 was related to this project and Zone 3 was another project with
the Transmission Main.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4099, authorizing execution of the Professional Services Agreement by
the City Manager with RH2 Engineering, Inc. for the design of the West
Pasco Water Treatment Plant Phase 2 project. Mr. Milne seconded. The
motion carried unanimously.
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Resolution - Professional Services Agreement with RH2 Engineering
for Design Services for Transmission Main - West Pasco Water
Treatment Plant to Zone 3 Project
Mr. Worley discussed the Zone 3 project for the West Pasco Water
Treatment Plant Transmission Main to get water into the main system in
order to handle the growth of the City. Mr. Worley explained the process
needed in order to prevent delays and keep the City on schedule for the
increased need and growth.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4100, authorizing execution of the Professional Services Agreement by
the City Manager with RH2 Engineering, Inc. for the design of the
Transmission Main - West Pasco Water Treatment Plant to Zone 3
project. Mr. Maloney seconded. The motion carried unanimously.
NEW BUSINESS
Legislative and Congressional Redistricting Draft Plan Update
Mr. Zabell explained that the Federal Census occurs every ten years and
after the Washington State Redistricting Commission (Commission)
convenes to review and redraw Legislative & Congressional Districts
within the State. Pasco is currently in the 9th and 16th Legislative
Districts. He noted that a Council Subcommittee consisting of Mayor Pro
Tem Barajas and Councilmember's Maloney and Roach have met with
City and Gordon Thomas Honeywell staff to review the maps and to
prepare a draft letter to the Redistricting Commission. Mr. Zabell
introduced Briahna Murray, Gordon Thomas Honeywell (GTH) Vice
President, who discussed the status of Washington State Redistricting
efforts.
Ms. Murray provided a a presentation on the redistricting maps and
explained the various options in the redistricting maps. She noted the
letter drafted for consideration is directed to the Redistricting Commission
and implicates a preference for the House maps that have Pasco in the
same District as Kennewick, noting that would mean Pa sco would only
have three legislators rather than two - six legislators as Pasco currently
has. These maps were the starting point for negotiations and by
November 15th a single map will be ready for approval. There was still an
opportunity for public comment.
Mr. Maloney addressed the portion of the letter regarding legal challenges
the City has faced in the past and what Franklin County is currently
dealing with and that it is important to heal some of the historical divides
with the Latino community.
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Mr. Serrano stated that he sent in his own comment noting preference of
the two Legislative Districts approach rather than dropping down to the
16th Legislative District.
Mayor Martinez liked the idea of one district for entire Pasco but he noted
pros and cons to both options and agreed with both Mr. Maloney and Mr.
Serrano’s comments.
Ms. Murray addressed the pros and cons and noted there would be
success in both arrangements.
Mr. Zabell stated that a motion regarding the letter drafted to the
Redistricting Commission would be appropriate.
MOTION: Mayor Pro Tem Barajas moved to approve the letter as
presented. Mr. Maloney seconded. Motion carried 6-1, with Mr. Serrano
dissenting.
EXECUTIVE SESSION
Council adjourned into Executive Session at 8:19 PM for 15 minutes to
discuss current or potential litigation per RCW 42.30.110(1)(i) with the
City Manager, Deputy City Manager and the City Attorney.
Mayor Martinez called the meeting back to order at 8:35 PM.
NEW BUSINESS
Request for Consideration of C-2 Zoning Amendment
Mr. Zabell made introductory comments about the C-2 (Central Business
District) zone in the downtown core. The restrictions in the C-2 Zoning
District were established decades ago and there has been a growing
interest from the business owners and City Council to coordinate and
revise "minor" zoning issues in the C-2 zone. Mr. Zabell referenced the
attachments included in the agenda report, including: C-2 Zoning
Restrictions, petition from Mr. Granbois, marked up version of the
proposal by Councilmember Maloney and petition from downtown
business owners. He stated there may be a difference in opinion on what
"minor" revisions mean. If Council determines it prudent to entertain the
requests to enact minor changes, there is a process, outlined by a memo
from Mr. White, also attached to the agenda report. Mr. Zabell also
addressed possible impacts the minor revisions could have.
Mr. Ferguson explained options to amend the text of the zoning code:
• City Council upon its own motion may conduct an open record
hearing to amend the text.
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• City Council could send it to the Hearing Examiner or Planning
Commission could initiate an open record hearing and develop a
recommendation.
• A resident or property owner inside the Pasco urban area may
request a petition amendment, though City Council is not obligated
to follow through with the petition amendment.
Mr. Ferguson added that the subsequent steps depend on which option
is utilized, and briefly discussed the notice requirements should the open
record hearing option be used and petition requirements should a
member of the public petition the zone changes.
Mr. White detailed the considerations for public notice:
• It requires a 14 day notice period
• The notice would need to be sent to the property owners within the
C-2 zoning district, which is a fairly large mail out
• Once the list is assembled, it would be mailed out and
documented, then the 14 day period would be from that date
Mr. Maloney was in favor of Council and staff making updates to the C-2
zoning and discussed some of his comments submitted as a reference to
the agenda report. He stated that he intended to make a motion to direct
staff to move forward and move forward quickly. Mr. Maloney w anted to
move many items from the prohibited the uses to allowed uses, which are
found in a typical downtown and to align the zoning to the waterfront
district and didn't believe the proposed revisions would cause any issues
with the Comprehensive Master Plan.
Mayor Martinez expressed appreciation to the work of Mr. Maloney. He
suggested defining what are “minor” revisions and also the requirement
of open business hours.
Mr. Alvarado commended Mr. Maloney for initiating the C-2 zone
amendment and he wanted to narrow down the specifics.
Mr. Serrano shared appreciation for the other Councilmembers and staff.
He discussed a possible temporary change that would "sunset" upon an
adoption of a more permanent zoning change and wanted business
owners to be aware of that risk.
Mr. Maloney requested clarification of the implications of a temporary
zoning change.
Mr. Ferguson said that it would be a good topic of discussion should
Council move forward and hold a public record hearing. He addressed
risks to be aware of and noted significant State and Federal Constitutional
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requirements. Staff will make sure everyone has all of the facts at the
time of an open record hearing.
Mr. Maloney expected the changes to last if he were a business owner.
He didn’t feel any of the “minor” items he marked up wouldn’t be a part of
the adopted upcoming Comprehensive Master Plan.
Mr. Serrano reiterated that he wanted business owners to be aware and
to proceed with some risk. Modifying the zoning ordinance may not go
with the Comprehensive Master Plan.
Mr. Alvarado added that Council would need to be methodical with what
minor changes they revise to be can to be lasting with the Comprehensive
Master Plan.
Mayor Martinez opened the discussion up for public comment.
David Cortinas, Pasco resident and business owner, spoke in support of
the proposed zoning amendments. He stressed the importance of making
change quickly and that the zoning cannot be temporary.
Thomas Granbois, Pasco resident and business owner, supported a zone
change in downtown Pasco. He explained some challenges and goals he
and his wife have run into after purchasing a building downtown. He
expressed appreciation to Councilmember Maloney for his efforts in
helping the Pasco downtown area.
Carl Holder, downtown Pasco business owner, spoke in support of
amending the C-2 zoning downtown.
Jose Iniguez, DPDA Board Member, spoke in support of amending the C-
2 zoning downtown.
Leo Morales, downtown business owner, spoke in support of amending
the C-2 zoning downtown and added that the current zoning code as been
on the books for too long.
Steve Bauman, Pasco resident, spoke in support of amending the C-2
zoning downtown and commented on the obstacles downtown business
owners have had with the City.
James Saxton, Pasco business owner, spoke in support of amending the
C-2 zoning district downtown. He stated they are the same codes as in
the Osprey Pointe area and also suggested outreach and education to
business owners and zoning.
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MOTION: Maloney moved to commence Council make a text amendment
of the zoning exponentially. Mayor Pro Tem Barajas seconded. Motion
passed unanimously.
Mr. Zabell summed up the timeline and process moving forward,
estimating three weeks for the open record hearing.
Mr. Maloney asked if the proposed amendments to the Pasco Municipal
Code would be in effect after the open record hearing.
Mr. Ferguson replied that nothing would stop Council moving forward at
the time of the open record hearing and if passed at the open record
hearing, the amendments would go into effect within 5 business days after
the passage and publication of the ordinance.
Mr. Zabell advised that in opening up discussion with all of C-2 business
owners at the open public hearing, Council may hear some differing
opinions and wanted Council to be prepared for such feedback.
Mr. Cortinas, Pasco resident and business owner, added that the Latin
Business Association (LBA) Board endorsed Mr. Granbois' proposal. The
business owners appreciated the motion made by Council.
Leo Perales, Pasco resident, spoke in support of the amendment of the
C-2 zoning in the downtown.
MISCELLANEOUS DISCUSSION
Mr. Zabell announced the Lewis Street Corridor Open House on October
6th at 7:00 PM in the Council Chambers, the Palomino Park Arbor Day
Tree Planting on Saturday, October 9th at 9:00 AM and discussed the
delay in an open house for the new fire station due to supply issue with
furniture.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:30 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Krystle Shanks, Deputy City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, October 11, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach (arrived at 7:25 PM),
and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Craig Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
Pledge of Allegiance
Mayor Martinez invited one of the Girl Scouts of Eastern Washington &
Northern Idaho Troops to lead the pledge of allegiance.
The Girl Scouts of Eastern Washington & Northern Idaho Mission Delivery
Director Mariana Sital thanks Mayor Martinez for the opportunity for the
Girl Scouts Troop to attend the meeting and she noted that today, October
11, 2021 is "International Day of the Girl" and having the Girl Scouts Troop
at the meeting was a great way to celebrate it.
VERBAL REPORTS FROM COUNCILMEMBERS
Page 1 of 6Page 17 of 145
Mayor Pro Tem Barajas commented on the Saturday Arbor Day event
and Bus Parade in honor of Mr. Lenhart, the Pasco School District Bus
Driver who was recently slain.
Mayor Martinez expressed appreciation to Administrative & Community
Services Director Zach Ratkai, Facilities Manager Dan Dotta and Pasco's
Arborist Larry Villegas for the successful tree planting event at Palomino
Park. He also commented on the Pasco Bus Parade where more than
100 people lined 10th Avenue on Saturday morning in front of a Pasco
elementary school to remember Richard "Dick" Lenhart. Lastly, he
commented on the Lewis Street Corridor Open House he attended on
October 6th.
ITEMS FOR DISCUSSION
Visit Tri-Cities 2021 Mid-Year Report & Tourism Promotion Area
(TPA) Update and 2022 Budget & Marketing Plan
Michael Novakovich, President/CEO of Visit Tri-Cities first introduced the
City for Pasco's representatives on the Tri-Cities Regional Hotel-Motel
Commission (TCRHMC) Monica Hammerberg and Vijay Patel. Then Mr.
Novakovich provided an update for the Tourism Promotion Assessment,
tourism development and the proposed 2022 TCRHMC Budget and
Marketing plan. He concluded his presentation with the Visit Tri -Cities
2021 mid-year report.
Council, Mr. Novakovich and Mr. Patel briefly discussed the TPA.
Request for Consideration of C-2 Zoning Amendment
Mr. White provided the timeline, detailing the required tasks, for the
Council initiated consideration of amendments to the C-2 Central
Business District zoning. He concluded stating that the Open Record
Hearing was scheduled for November 1, 2021.
Life and Safety Program for Commercial Structures
Mr. White updated Council on the buildings located within the Pasco
Downtown core area that may be eligible for the forthcoming ARPA
Funding Program and provided a status of the development of an ARPA
Funding Program for the downtown area reiterating what had been
previously discussed. He stated that the City has enlisted an engineering
consultant to assess building eligibly for use of ARPA funds for a
summary of the scope and scale of needed system improvements and
noted that such an assessment will yield cost savings, amore efficient use
of funding and lessen delays in program implementation.
Mr. Maloney expressed concern about timing and ability of businesses to
get the work done and he suggested that the City help facilitate the work
Page 2 of 6Page 18 of 145
getting completed. He also asked when will the City be able to receive
applications from business owners.
Mr. White responded that the program should be ready within 30 days of
a business owner who expresses an interest for this funding, then the
engineer will perform an assessment to see if the requested
improvements would meet the program requirements.
Mr. Lincoln also added that the City will take the approach that the
engineer will try to identify the properties ahead of time to help determine
if improvements to the buildings that meet the criteria could be
accomplished in bulk.
Council discussion continued regarding how the funding would be
handled if a building owner were to sell their property within the funding
timeline, how to process the permits and possibly included those costs
into the grants.
Nuisance Determination and Regulation
Mr. White introduced Inspection Services Manager Troy Hendren who
provided a brief overview of the City's inspection services, code
enforcement complaints statistics, the City's nuisance regulations and the
use of the City's Code Enforcement Board in addressing and correcting
code infractions related to residential, commercial and industrial
properties.
Council and staff briefly discussed the amount of staff time related to the
code complaints and which type of complaints were more time
consuming.
Resolution - Reserve Center Lease Extension with the Port of Pasco
Fire Chief Gear stated that the City has been leasing the former Army
Reserve building, located on Ainsworth Street, from the Port of Pasco
since 2016 to house the Pasco Fire Department (Pasco Fir e)
Administrative staff. The Pasco Fire Administration has recently relocated
to a new building, leaving the Ainsworth building available for Pasco First
Training Division to continue to use for classroom academy training.
Pasco Fire is requesting a five-year lease extension with the Port of Pasco
for the continued use of the building.
Resolution - Amended Agreement with TCA, Inc. for Architectural
and Engineering Services for Fire Department Facilities
Fire Chief Gear noted that in March 2021 Council approved a contract
with TCA Architecture and Design for the design of Fire Station No. 85
and in the process of planning for that site, it became apparent that
connecting Maple Street from Road 96 to Road 1 00 was needed and
Page 3 of 6Page 19 of 145
Pasco Fire is seeking Council's approval for additional funding for the
design of relocating utilities at the southwest corner of the site for the Site
Plan of Station No. 85.
Resolution - Public Works Board $10M Loan Agreement - Zone 3
Storage Reservoir Construction
Mr. Worley provided a brief report on the loan award from the Washington
Public Works Board for the Zone 3 Reservoir construction project. He also
noted the final cost of the project will be determined as the project
progresses through the Progressive Design-Build process.
Ordinance - Code Amendment to Car Wash Facilities (CA 2021-006)
Mr. White reported that the Planning Commission conducted a workshop
and two public hearing regarding a request to amend the Pasco Municipal
Code (PMC) Chapter 25.100 related to car was facilities within 30 feet of
residential zoning districts in a C-3 zoning district. He noted that during
that same time, the Planning Commission was also considered a PMC
amendment for businesses with drive-through services.
Ordinance - Code Amendment for Drive-Through Facility Design
Standards (MF# CA2021-004)
Mr. White introduced Planning Manager Jacob Gonzales who provided a
brief overview of the proposed amendment to the Pasco Municipal Code
(PMC) creating a new PMC Chapter for Drive-Through Facility Design
Standards noting that it has been vetted through the Planning
Commission.
Council and staff held a question and answer period regarding car wash
facilities including "mobile car washes," additional opportunities for the
public to make comments regarding the proposed standards, and request
that any ambiguities within the the standards be removed within the next
two years, current businesses with drive-through windows that may be
out of compliance with the new standards will be grandfathered in as
"legal non-compliant," and further explanation of what "other"
documentation means specifically.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell asked Mr. Ratkai to comment on the recent Arbor Day event.
Mr. Ratkai stated the City's newest park, recently named Palomino Park,
held a neighborhood Arbor Day event on Saturday, October 9, 2021,
where 63 trees were planted within an hour and a half.
Mr. Zabell stated the tree planting event will have an long-lasting affect
on the young children that planted the trees over the years to come as
Page 4 of 6Page 20 of 145
they remember when the trees were small. He also noted that this park
was a textbook example of how the Pasco Municipal Code (Chapter
3.50.030 Park Impact Fees) helps ensure that new residential
development contributes a proportionate share of the capital costs
necessary to provide parks and other recreation open space for its
residents of the the City.
Mr. Zabell asked Ms. Sigdel to provide an update on the distribution of the
ARPA funds.
Ms. Sigdel reported that $600,000 in ARPA funding was allocated and
checks were sent out last week and an additional $500,000 is going out
this coming week for the Business Assistance Program. She also
provided and update on the Utilities Assistance Progra m and over
$1,000,000 has been allocated to customers.
Mr. Zabell announced the following upcoming events:
• HalloWeekend Cinema - scheduled for Friday evening, October
22, 2021
• Coffee with a Cop - scheduled for October 27, 2021
• Drive through "Trunk or Treat" - scheduled for Saturday afternoon,
October 30, 2021
EXECUTIVE SESSION
Mayor Martinez announced a 5-minute break before going into Executive
Session.
Council adjourned into Executive Session at 8:50 PM for 15 minutes to
consider the minimum offering price for sale or lease of real estate, per
RCW 42.30.110(1)(c) and then to discuss collective bargaining unit
negotiations per RCW 42.30.140(4), with the City Manager, Deputy City
Manager, Administrative & Community Services Director, Human
Resources Director Chapin and the Acting City Attorney.
At 9:07 PM, Mayor Martinez announced that the Executive Session would
continue for another 10 minutes or until 9:17 PM.
Mayor Martinez called the meeting back to order at 9:17 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:17 PM.
PASSED and APPROVED this ___ day of ________________, 20__.
Page 5 of 6Page 21 of 145
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 6 of 6Page 22 of 145
AGENDA REPORT
FOR: City Council October 14, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 10.18.21
Bad Debt Write-off/Collection
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $2,440,673.88 ($1,388,853.09 in Check
Nos. 244286-244543; $167,720.82 in Electronic Transfer Nos. 833358, 833420-
833424; $9,994.96 in Check Nos. 53764-53772; $874,095.01 in Electronic
Transfer Nos. 30166786-30167316; $10.00 in Electronic Transfer Nos. 827).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal,
and parking) accounts receivable in the total amount of $282,358.32 and, of that
amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 23 of 145
REPORTING PERIOD:
October 18, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 244286-244543 53764-53772
Total Check Amount $1,388,853.09 $9,994.96 Total Checks 1,398,848.05$
Electronic Transfer Numbers 833358 30166786-30167316 827
833420-833424
Total EFT Amount $167,720.82 $874,095.01 $10.00 $0.00 Total EFTs 1,041,825.83$
Grand Total 2,440,673.88$
Councilmember
601,725.03
28,838.94
0.00
0.00
3,620.19
0.00
1,607.85
17,682.12
3,051.76
1,594.07
0.00
907.23
1,049.56
0.00
0.00
43,605.84
0.00
14,883.43
16,666.67
0.00
32,653.65
0.00
HOTEL/MOTEL EXCISE TAX 30,000.00
0.00
153,142.88
349,929.23
63,926.80
12,296.24
22,607.08
0.00
125,436.88
POOLED INVESTMENT 0.00
0.00
4,229.05
911,219.38
GRAND TOTAL ALL FUNDS:2,440,673.88$
The City Council
September 30 - October 13, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
18th day of October, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
Page 24 of 145
BAD DEBT WRITE-OFF/COLLECTION
September 1 – September 30, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 153.41 0.00 153.41
Ambulance $ 282,204.91 0.00 282,204.91
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 282,358.32 .00 282,358.32
Page 25 of 145
AGENDA REPORT
FOR: City Council October 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Adam Lincoln, Deputy City Manager
Executive
SUBJECT: Tourism Promotion Area (TPA) Update and 2022 Budget & Marketing
Plan
I. REFERENCE(S):
2022 Budget and Marketing Plan
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the 2022 Marketing Plan and Operating Budget for
the Tourism Promotion Area in the total amount of $1,871,914.
III. FISCAL IMPACT:
Total Tourism Promotion Area (TPA) 2022 budget of $1,871,914 with City of Pasco's
share of $374,383 from room rental assessment.
IV. HISTORY AND FACTS BRIEF:
Visit Tri-Cities provides services to the City of Pasco for promotion, attraction
and encouraging tourist expansion, and has done so for as far back as 1972.
Visit Tri-Cities administers what is known as the Tourism Promotion Area (TPA)
which was formed by an interlocal agreement (ILA) among the Cities of Pasco,
Kennewick, and Richland in June 2002. The TPA administers the proceeds of
a "per room night assessment" on hotels/motels in the Tri-Cities, imposed by the
hotels themselves and Visit Tri-Cities oversees its marketing plan and operating
budget.
The TPA "assessment" is remitted by the hotels to the State. Washington State,
in turn, distributes those funds to the city in which it was collected. Pasco City
Council's approval of the funds to the TPA are in accordance with an approved
budget, which is a requirement.
Page 26 of 145
V. DISCUSSION:
The TPA "assessment" is remitted by the hotels to the state, which in turn
distributes the funds to the City where the assessment was collected. As
reported to the City Council during the October 11, 2021 workshop presentation
by Visit Tri Cities President/CEO Novakovich.
As one of the three (3) Cities comprising the TPA, the City’s approval of the funds
to the TPA for use in accordance with the approved budget and marketing plan
is required.
Staff recommends Council approval of the 2022 TPA Marketing Plan and
Operating Budget as presented.
Page 27 of 145
Tri-Cities Regional Hotel-Motel Commission
2022 BUDGET AND MARKETING PLAN
Page 28 of 145
MISSION
To promote, market and sell the region as a preferred destination
to visitors. We will develop incremental visitation by promoting our
destination products, programs and activities; the overall economic
vitality of our communities and the quality of life for our citizens.
VISION
To be an industry leader for destination marketing in the Pacific
Northwest; the primary source of visitor information and the lead
advocate for visitor industry development in the Tri-Cities region.
1 Page 29 of 145
Please Note: The attached document reflects only those programs and costs associated with Tourism Promotion Area
(TPA) funding. Visit TRI-CITIES manages many other aspects of tourism development, which are funded by hotel and
lodging taxes and membership investment. Such programs include, Rivershore Enhancement, Media Outreach, Visitor
Services and Member Development.
Tourism Promotion Area Marketing Plan
prepared by Visit Tri-Cities for:
CITY OF KENNEWICK
CITY OF PASCO
CITY OF RICHLAND
2 Page 30 of 145
3
TABLE OF CONTENTS
President and CEO Message 4
Acknowledgments 5
Tourism Outlook 6-7
Competitive Situation Analysis 8-9
Meetings and Conventions 10-11
Sports and Tournaments 12-13
Tourism Development 14-15
DMO Funding Comparative 16-18
Visit Tri-Cities TPA Budget 19
Page 31 of 145
It is with great pleasure that we present 2021 Tri-Cities Regional
Hotel-Motel Marketing Plan, which outlines Visit Tri-Cities’ use
of Tourism Promotion Area funds. The following plan provides
a detailed overview of the state of our industry, a competitive
analysis and our planned endeavors to drive economic impact
through visitor spending. This plan highlights the strategies
we will deploy in 2022 to drive continued economic recovery
through visitor spending by securing leisure travel, sports
events, and meetings & conventions business. Our tourism
development strategies support all our sales endeavors as
well as aid our corporate partners with their recruitment and
retention activities.
Much like 2020, 2021 has proved challenging as we continue
to navigate the dynamic COVID landscape, which has created
significant adverse impact in the tourism industry. Challenges
include staffing shortages for hospitality businesses, lags in the
return of business travel, as well as meeting planner sentiments
and decision making regarding the safe return of their events
(not to mention related restrictions earlier in the year). Recently
we saw several local hotel properties convert to micro-housing
units, reducing our community’s inventory of hotel rooms.
Our expectation is this will lead to a higher Average Daily Rate
(ADR), which would positively impact lodging taxes collected.
However, it is possible the reduced inventory could negatively
impact TPA collections. We will be monitoring this situation as
it continues to unfold.
Challenges aside, an investment in tourism is an investment
in the future prosperity of our region and enhanced quality
of life that every Tri-Citian benefits from. Simply put, we sell
futures. Much of the work the Visit Tri-Cities team engages in,
as outlined in this plan, is recognized one to five years into the
future. These are the booking windows our meeting planners
and tournament directors are utilizing to plan their future
events. While the booking window for leisure travel is often
shorter, our promotional endeavors also yield returns in the
future. An investment today pays dividends tomorrow.
Even during the toughest of times in 2020, due to COVID
restrictions and consumer behavior, tourism in the Tri-Cities
continued to be a strong economic driver. Visitation generated
roughly $350 million in visitor spending last year. While this
was down 30% over the prior year, the Tri-Cities fared far better
than many other destinations. Through strong community
collaborative partnerships and the marketing and sales
efforts outlined in this plan, we feel confident we can drive
economic recovery for the benefit of all Tri-Citians. To this
end, visitor spending, along with associated visitor-generated
tax revenues, help fund a more thriving and vibrant Tri-Cities
by financially supporting a safe, educated, employed and
beautiful community with many amenities for all to enjoy.
All of us at Visit Tri-Cites, from our Board of Directors to our
team of talented professionals, look forward to continuing our
investment into the strong return of the visitor economy.
We have recently launched a new suite of tools to influence
travel to the Tri-Cities and continue to develop creative
initiatives to introduce prospective visitors to this amazing
place we call home.
PRESIDENT & CEO MESSAGE
MICHAEL NOVAKOVICH
President & CEO, Visit Tri-Cities
Page 32 of 145
ACKNOWLEDGMENTS
We greatly appreciate the time and dedication of our city partners and hoteliers who meet monthly
to provide Visit Tri-Cities with support and direction on how to invest the proceeds from the tourism
promotion assessments collected in Kennewick, Pasco and Richland.
TRI-CITY REGIONAL HOTEL-MOTEL COMMISSION
KENNEWICK
Mark Blotz, Clover Island Inn
Jerry Beach, A-1 Hospitality
Marie Mosley, Ex Officio, City of Kennewick
PASCO
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
RICHLAND
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Richland Courtyard by Marriott
Jon Amundson, Ex Officio, City of Richland
The Tourism Promotion Area is Managed by Visit Tri-Cities5Page 33 of 145
NATIONAL OUTLOOK
Occupancy
ADR
RevPAR
66.1%
$131.21
$86.76
41.6%
$103.00
$42.88
53.3%
$109.47
$58.39
60.1%
$117.34
$70.57
PROJECTED U.S. HOTEL KEY PERFORMANCE METRICS*
2019 Actual 2020 Actual 2021 Forecast 2022 Forecast
TOURISM 2022
6
Predictions on the future of travel and the tourism
industry have never been more uncertain. Consumer
sentiments change weekly based on changes in
COVID counts, the impacts of variants, the latest
media coverage and the ongoing politicizing of the
world-wide pandemic. The crystal ball is murky at best.
Analysts agree on two things. The foremost being
that the return of travel will occur first with leisure
travel, followed by a changed version of business
travel, and eventually group and convention travel
will gradually return at a reduced rate over prior levels.
“Leisure demand is gathering strength with substantial
recovery in sight for many markets. However, transient
business, group and international travel face continued
headwinds, and a full recovery will take several years.”
states Tourism Economics president Adam Sacks.
The second significant factor is that private
accommodation purveyors such as Airbnb and VRBO
are gobbling up market share at an alarming rate. A
recent study by Morgan Stanley Research showed
that 49% of surveyed Airbnb guests stated that they
booked an Airbnb in place of a traditional hotel. As a
result , Airbnb captured an 18% market share of the
lodging in the U.S. in 2020 and when combined, Airbnb
and VRBO accounted for 29% of total lodging revenue.
This is especially concerning for destination marketing
organizations, like Visit Tri-Cities, that receive funding
from tourism promotion assessments collected by
hotels, which are not paid by private living space rentals.
*STR May 2021 Forecast
Page 34 of 145
7
LOCAL OUTLOOK
The recovery of tourism and return of visitor
spending was a little slower to take shape locally
because Washington State was under a stay-at-home
order with travel restrictions for much longer than other
states, not resuming “normal” business activities until
July. Attracting leisure travelers and sports tournaments
will be key objectives for 2022 with increased emphasis
on rebuilding the conventions and meetings segment.
The competition to attract consumers for week-end
getaways and outdoor recreation will be fierce as
many destinations will deploy the same strategy for
their communities.
Conventions may be restructured in the future, changing
the size and number of delegates and incorporating
some virtual/hybrid features which will affect the
number of out-of-town visitors attending each event.
Decisions on future events may be delayed and meeting
planners are expected to seek to re-book events that
did not take place in 2020-2021, placing them at their
previous locations. In general, there is a “wait and see”
phenomenon that is paralyzing the meetings industry.
For the first time in years, there are no new scheduled
hotel openings to report, and no new rooms expected
to be added to the market. In fact, the recent conversion
of 5 hotels to apartments by Fortify may actually create
compression which will strengthen existing hotels’
financial performance.
2021 PERFORMANCE JANUARY - JUNE*
OCC ADR RevPar RevPar vs Prior Year
SEATTLE
SPOKANE
TACOMA
TRI-CITIES
VANCOUVER
YAKIMA
36.90%
52.20%
54.30%
53.90%
65.20%
50.50%
$117.75
$98.49
$93.48
$88.01
$95.74
$85.72
$43.51
$51.38
$50.80
$47.42
$62.45
$43.25
-22.7%
45.3%
10.3%
46.3%
47.6%
58.0%
*STR June 2020 Destination Report
Page 35 of 145
COMPETITIVE SITUATION ANALYSIS
In order to promote the Tri-Cities as a preferred destination for group, business and leisure travelers, it is important to
recognize both the strengths and challenges within our community and to set sales strategies accordingly.
CONVENTION AND SPORTS
Destination Strengths
• Variety of Hotels and Brands
• Positive Relationship Between Visit
Tri-Cities, Hotels and Meeting Venues
• Three Rivers Convention Center
• HAPO Center
• Unique Offsite Event Venues
(i.e. wineries, etc.)
• Competitive Pricing
• Ample Complimentary Parking and Wi-fi
Offered at all Hotels and Meeting Venues
• Sports Facility Infrastructure
• Strong Sports Council
• Opportunity Funds Available
• Amenities and Attractions that
Appeal to Convention Groups
(i.e. wine experiences, outdoor
recreation, etc.)
Destination Challenges
• Lack of Hotels Capable of 200+ Room Block
• Lack of Resort-Style Hotels with Ample
Meeting Space
• Meeting Venues with Larger Meeting Space
in Competing Locations
• Limited Number of Meeting Rooms and
Exhibit Space Available Under One Roof
• Number of Hotel Rooms within Walking
Distance of Convention Center/
Large Facilities
• Hotels Converting to Studio Apartments
(losing hotel guest room inventory,
specifically the 197 room hotel with
meeting space)
• Newly Expanded Convention Centers in
Competing Locations
• Inability to Secure Funding to Expand the
Three Rivers Convention Center to Allow for
More Exhibit Space and Breakout Rooms
• Lack of Sports Officials
• Lack of Sports Field Availability
• Newly Developed Indoor and Outdoor
Multi-use Sports Facilities with
State-of-the-Art Amenities in
Competing Locations
• Continued Uncertainty of Future Pertaining
to COVID-19 Pandemic
• Lack of Family Attractions (i.e., family fun
centers, theme parks etc.)
• Distance from I-5 Corridor vs. Competition
LEISURE TRAVEL
Destination Strengths
• Heart of Washington Wine Country
• Water2Wine Cruise
• Agritourism Assets: Farmers’ Markets
and Festivals
• Popularity of Outdoor Recreation / Wide
Open Spaces
• Trail Systems
• Weather
• Water Recreation
• STEM Tourism Assets
• Travel Writer Outreach
• Easy Three Hour Drive from I-5
Corridor Destinations
• Consumer Sentiments About Driving vs
Flying for Travel
Destination Challenges
• Weak Reputation as a Wine Destination vs
Walla Walla or Woodinville
• Seasonal Demand
• Mountain & Snow Winter Driving
from key drive markets
• Perceived Lack of Family Activities
• Hanford B Reactor Public Tours on Hold
• Heavy Weekend Traffic on I-90
• Price of Airfare / Inconvenience of Air Travel
• Travel Safety Concerns Due to COVID
8 Page 36 of 145
COMPETITIVE SITUATION ANALYSIS
BUSINESS TRAVEL
Destination Strengths
• Less Price Sensitive for Airfare and Hotels
• Mid-week Demand Complements Weekend
and Convention Groups
• Recently Expanded Tri-Cities Airport • Direct Flights From Denver, Salt Lake City,
Seattle, Mesa/Phoenix, San Francisco,
Minneapolis and Burbank
Destination Challenges
• Some flights cancelled due to cutbacks in
2020 may be slow to return
• Destination Choice Not Influenced by Sales
and Marketing Efforts
• Mostly Mid-Week Travel
• Popularity of Zoom Meetings, Reducing in
Person Meetings and Travel
• Business travel reductions due to Covid-19
• Very Dependent on Hanford Business Trends
CONVENTION BOOKINGS
CONVENTIONS CANCELLED DUE TO COVID
SPORTS BOOKINGS
20,955
25,085
18,953
-25,978
10,057
12,000
-6,200
12,067
18,000
20,000
GUESTROOM PRODUCTIVITY
2019 2020 2021 2022
SPORTS CANCELLATIONS
TOTAL
-23,765 0
46,040 -20,733 17,867 38,000
RFP PRODUCTIVITY
QTR 1
QTR 2
QTR 3
40
64
74
60
18
18
23
22
25*
40*
40*
40*
2019 2020 2021 2022
QTR 4
TOTAL
87 15 40* 55*
265 111 104 175
LEADS ISSUED
*Estimated Production
9 Page 37 of 145
MEETINGS & CONVENTIONS
2022 ACTIONS
SALES BLITZES
Develop two separate multi-day sales blitzes in Spring (Olympia)
and Fall (location to be determined).
CUSTOMER EVENTS
Organize meeting planner customer appreciation luncheon in
the spring to promote the Tri-Cities as a destination. Event to
be held in conjunction with Spring Sales Blitz, and to be held in
person if possible.
MEETING PLANNER FAM TOURS
Host qualified meeting planners for individuals, customized
FAM tours.
RELATIONSHIPS
Continue staff attendance at Washington Society of Association
Executives (WSAE), Meeting Professionals International (MPI)
Washington Chapter and Professional Convention Management
Association (PCMA) monthly/quarterly meetings to strengthen
relationships with key meeting planners. Staff will continue to
serve on industry boards and committees such as WSAE, WTA
and SGMP.
OPPORTUNITY FUND
Utilize the opportunity fund specifically to offset costs for new
group business and groups that block more than 300 rooms per
night city-wide.
REGIONAL/STATE/NATIONAL CONFERENCES
AND TRADESHOWS
Attend the 2022 National Tour Association (NTA),
Washington Society of Association Executives (WSAE) and
Meeting Professionals International and (MPI) Cascadia
Annual Conferences. Participate in additional sponsorship
opportunities at each of these events for increased exposure.
SKYNAV
The Convention Sales Department will leverage the newly
added SkyNav program to secure conventions. The interactive
tour highlights points of interest with image galleries, videos
and information to assist meeting planners in selecting the
Tri-Cities for their events. The tour link will be included with all
electronic proposal packets, digital Meeting Planner Guide as
well as communications to meeting groups.
18,000
GUEST ROOMS BOOKED
$4,725,000
ESTIMATED ECONOMIC IMPACT
$2,070,000
ESTIMATED DIRECT
HOTEL SPENDING
10 Page 38 of 145
CONVENTION SALES
PROGRAM TOTAL:
$55,973
ADVERTISING
CVENT (Sept) = $7,500
DI EmpowerMINT (Jan) = $7,300
Meetings Today: $4,800 each (March, Aug) = $9,600
Total: $24,400
TRAVEL
Mileage for site inspections when VTC mobile is not
available, $65 per month = $780
Washington Society of Association Executives, attend one
association meeting (Oct) = $500
Meeting Planners International Annual Convention hotels,
meals and flight (March) = $1,000
Olympia Spring Sales Bliz: $500 per staff, 5 people
(March) = $2,500
Fall Sales Blitz: $500 per staff, 4 people (Oct) = $2,000
WSAE Convention: hotels, meals, travel at $500 per staff,
2 people (June) = $1,000
Training Classes: continuing education courses for 2 staff,
hotel, meals and travel at $2,000 per session
(May, Aug) = $4,000
Society of Government Meeting Professionals Winter
Workshop: hotel, meals, travel (Feb) = $300
National Tour Association: hotel, meals, travel
(Oct) = $1,600
Total: $13,680
TRADE SHOWS
Meeting Planners International: Registration for buyer
program and registration (Jan) = $1,100
Meeting Planners International: Sponsorship
(Feb) = $1,000
Washington Society of Association Executives:
Convention registration $450 per staff, 2 people
(May) = $900
Washington Society of Association Executives:
Conference Sponsorship (May) = $1,775
Society of Government Meeting Professionals Winter
Workshop: registration (Jan) = $100
National Tour Association (Oct) = $1,600
Total: $6,475
STAFF DEVELOPMENT
Continuing Education Training Courses: 3 staff to attend,
$1,000 registration (March, May, Aug) = $3,000
Total: $3,000
PROMO ITEMS
Amenities: $400 (Feb, Aug) = $800
Logo’d Items: $350 (Feb, Aug) = $700
Total: $1,500
DUES AND SUBSCRIPTIONS
Washington Society of Association Executives: Sapphire
Level sponsorship (Jan) = $2,550
Washington Society of Association Executives Dues:
$300 each (June) = $600
Meeting Planners International (Dec) = $489
Society of Government Meeting Professionals (April) = $400
Professional Conference Management Association
(March) = $485
National Tour Association (Feb) = $700
Religious Conference Management Association Dues
(May) = $195
NTA Sponsorship (Washington Delegation) (Oct) = $1,000
Military Reunion Network (May) = $499
Total: $6,918
Dues and Subscriptions
12.4%
Travel
24.4%
Promo Items
2.7%
Sta Development
5.4%
Trade Shows
11.6%
Advertising
43.6%
11 Page 39 of 145
SPORTS AND TOURNAMENTS
20,000
GUEST ROOMS BOOKED
$5,940,000
ESTIMATED ECONOMIC IMPACT
$2,100,000
ESTIMATED DIRECT
HOTEL SPENDING
2022 ACTIONS
SPORTS COUNCIL
Organize and administer activities for the Tri-Cities
Sports Council.
ADVERTISING
Place print and digital advertising as appropriate in publications
such as: Sports Events, Sports Destination Management, and
Sports Planning Guide.
SALES BLITZ
Conduct sales calls in November in a major metropolitan area
outside the Tri-Cities.
PROMOTE RESOURCES
Update the sports facilities guide, provide e-version and QR
Code links for consumer access.
FAM TOURS & SERVICES
Arrange both virtual and in-person site inspections for
tournament planners, provide tools and information for
promotional purposes and communicate with tournament
planners during their event.
SKYNAV
SkyNav tour links will be promoted in our communications
to sports groups. SkyNav allows tournament directors to
experience the Tri-Cities virtually and the ability to see
first-hand the amenities, attractions and accommodations
that would be available to their teams. The interactive tour
highlights points of interest with image galleries, videos and
information to aid tournament directors in understanding the
advantages of selecting the Tri-Cities.
OPPORTUNITY FUND
Utilize the opportunity fund specifically to offset tournament
costs for groups that block more than 300 rooms per
night city-wide.
TRADESHOWS
Promote the Tri-Cities as a premier sports destination at
National Tradeshow Events such as TEAMS, S.P.O.R.T.S,
EsportsTravel Summit, and Sports ETA.
CUSTOMER EVENTS
Sponsor events at annual national sports tradeshows.
BIDDING FEES
Bid on new regional/national level tournaments that demand
bidding fees to host events.
12 Page 40 of 145
SPORTS PROGRAM
TOTAL:
$86,005
ADVERTISING
Sports Events Magazine Featured Listing (Dec) = $1,000
Sports Planning Guide Site InSpection Feature
(July) = $2,000
Printed Sports Facilities Map (June) = $800
Total: $3,800
BIDDING FEES
USTA Tennis Championships (Aug) = $5,000
National Association of Intercollegiate Athletics, Softball
Opening Rounds (May) = $5,000
American Junior Golf Association (July) = $15,000
Total: $25,000
TRAVEL
Sports ETA Symposium: hotel, meals, travel at $1,420 per
staff, 2 people (April) = $2,840
TEAMS Conference: hotel, meals, travel at $1,745 per staff,
2 people (Oct) = $3,490
S.P.O.R.T.S-Relationship Conference: hotel, meals, travel
(Sept) = $1,745
Connect Sports Marketplace: hotel, meals, travel
(Aug) = $1,800
EsportsTravel Summit: hotel, meals, travel (Dec) = $1,490
Staff Development, Continuing Education Travel: $1,600
per staff, 2 people (May, July) = $3,200
Mileage for site inspections when VTC mobile is not
available = $300 per year
Total: $16,465
TRADE SHOWS
TEAMS Conference: registration for two staff $3,000,
sponsorship $10,000 (Feb) = $13,000
EsportsTravel Summit: registration (Feb) = $2,000
S.P.O.R.T.S-Relationship Conference: registration $1,500,
sponsorship $4,500 (March) = $6,000
Sports ETA Symposium: registration for two staff $2,390,
sponsorship $9,000 (Dec) = $11,390
Connect Sports Marketplace: registration
(March) = $4,450
Total: $36,840
STAFF DEVELOPMENT
Continuing Education Training Courses: 2 staff to attend,
$1,000 registration (May, July) = $2,000
Total: $2,000
PROMO ITEMS
Sports Amenities: $500 (April, Aug) = $1,000
Total: $1,000
DUES AND SUBSCRIPTIONS
National Association of Sports Commissions (NASC)
Membership (Dec) = $900
Total: $900
Travel
19.1%
Promo Items
1.2%
Sta Development
2.3%
Trade Shows
42.8%
Advertising
4.4%Bidding Fees
29.1%
Dues and Subscriptions
1.0%
13 Page 41 of 145
TOURISM DEVELOPMENT
2022 ACTIONS
WEBSITE
The Visit Tri-Cities website, VisitTri-Cities.com, is the
foundation of the organization’s marketing efforts as
all campaign’s “call to action” direct users to the website.
The website has been redesigned and augmented with new
technology, such as an itinerary builder and Crowdriff
(user generated content platform) to enhance the
visitor experience.
PROMOTE THE DESTINATION
Promote increased leisure travel through development of
campaigns targeting wine enthusiasts, foodies, golfers,
outdoor adventurers, cyclists and STEM tourism. The
campaigns will be geographically focused on metropolitan
areas that are within a 300-mile radius of the Tri-Cities as
well as markets with non-stop flights to the destination.
TRAVEL TRADE SHOWS
Target wine enthusiasts at consumer focused wine and food
events such as Taste Washington and Vintage Spokane.
MATERIALS
Develop marketing materials including, but not limited
to, Official Tri-Cities Visitor Guide and wine map.
Publications will be available online as many visitors access
information digitally, as consumers are increasingly aware
of environmental impacts and concerns of public health.
Additionally, digital publications are also easier to update,
which benefits the user as well as tourism-based businesses
and attractions.
ADVERTISE
Digital and social media advertising will be the primary
marketing channels, supplemented by broadcast and print
advertising campaigns. The advertising budget calls for
a little more flexibility to target not only seasonal needs
as they arise, but react to the changing landscape of
consumer’s travel needs.
SOCIAL MEDIA
Social media are marketing tools to connect with and
engage potential visitors. Visit Tri-Cities will promote the
destination through Tri-Cities, WA (25,943 followers)
on Facebook, as well as through Twitter and Instagram.
In 2022 we will increase social content, including video,
to boost engagement.
14
TECHNOLOGY
We will continue to lead the industry in technology
and improve visitor experience by investing in programs
and platforms:
o Bandwango (visitor passes and packages)
o SkyNav (virtual 360 tours of community attractions)
o SeeSource (consumer analytics)
o Kuula (virtual site inspections for meeting and
sports facilities)
TRI-CITIES WINE TOURISM COUNCIL
There has long been the need to assist wine industry
related businesses in becoming more cohesive and
organized in order to market the region. Visit Tri-Cities staff
provides management and leadership for the Tri-Cities
Wine Tourism Council, which works on marketing projects
designed to increase wine tourism.
PACKAGES
Work with member hotels to showcase their existing
packages to travel media and on the Visit Tri-Cities website.
CONSUMER E-NEWS
User generated content on the website and social media
channels will be supplemented by quarterly consumer
newsletters targeted to interest groups (outdoor recreation,
wine, science) to compel readers to plan leisure travel to
the region.
Page 42 of 145
TOURISM DEVELOPMENT
TOTAL:
$587,325
ADVERTISING
WTA State Official Visitor Guide (Nov) = $7,500
(Remainder Paid by Hotel-Motel Tax)
Social Media/Google Ads: $1,000 (Jan, June, Nov);
$2,000 (Feb, March, April, May, July, Aug, Sept, Oct);
$600 (Dec) = $19,600
Television Commercials in Puget Sound Region:
$25,000 each for Spring (May, June) and Fall
(Aug, Sept) = $50,000
Digital Ad Campaigns targeting group, sports, leisure
travel, varying by market and time frame as
needed ($106,250 per quarter, March, June,
Sept, Dec) = $425,000
Total: $502,100
TRAVEL
Tri-Cities Wine Tourism Council: Travel allowance to
support Tradeshows $600 for 1 staff member
(May) = $600
Training Classes: continuing education courses for 3 staff,
hotel, meals and travel at $2,000 per session (March, May,
and Sept) = $6,000
Total: $6,600
TRADE SHOWS
Spokane Wine Show “Vintage Spokane” (May) = $2,065
Total: $2,065
WEBSITE/ INTERNET MARKETING
Invest in Search Engine Optimization for new
website: SEO Package $9,000 a quarter (Jan, April,
July, Oct) = $36,000
Total: $36,000
COMPUTER LICENSING FEE:
Website Hosting Fee: $6,250 a quarter (March, June, Sept,
Dec) = $25,000 annually
iDSS: $2,250 per quarter (March, June, Sept, Dec) = $9,000
Blue Buzzard: $130 monthly = $1,560
Total: $35,560
STAFF DEVELOPMENT
Continuing Education Training Courses: 3 staff to attend,
$1,000 registration (March, July, Sept) = $3,000
Total: $3,000
PROMO ITEMS
Logo’d Swag $1,000 (April, Aug) = $2,000
Total: $2,000
15
Travel
1.1%Promo Items
0.3%
Sta Development
0.5%
Trade Shows
0.4%
Advertising
85.5%
Computer Licensing Fee
6.1%
Website/Internet Marketing
6.1%
Page 43 of 145
OVERALL BUDGET
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
The following chart provides historical look at a total budget comparative (including Hotel Motel Tax, Membership
Investments and Tourism Promotion Assessment) in key competitive markets.
$22,500,000
$15,000,000
$7,500,000
$0
HOTEL-MOTEL TAX INVESTMENTS
The following chart provides historical look at hotel-motel tax investments in key competitive markets.
$12,000,000
$9,000,000
$6,000,000
$3,000,000
$0
$24,566,000
$6,538,482
$3,420,000 $2,894,633 $2,800,000 $2,700,000 $1,657,585 $1,120,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
$13,119,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
$2,326,474
$0 $684,682 $750,000 $510,000 $351,467 $720,000
16 Page 44 of 145
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
TPA BUDGET
The following chart provides historical look at a tourism promotion assessments in key competitive markets.
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$0
$7,735,000
$2,194,438
$3,408,000
$1,871,914
$607,832
$1,206,150 $1,206,150
$400,000
SEATTLE SPOKANE SEATTLE
SOUTHSIDE
TRI-CITIES YAKIMA
VALLEY
TACOMA VANCOUVER WALLA
WALLA
17 Page 45 of 145
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
APPENDIX
Visit Seattle $24,566,000 14,861 $1,653
Visit Spokane & Sports Commission $6,538,482 7,169 $912
Seattle Southside Tourism Authority $3,420,000 9,403 $364
Visit Tri-Cities $2,894,633 3,849 $752
Yakima Valley Tourism $2,800,000 3,061 $915
Travel Tacoma $2,700,000 7,000 $386
Visit Vancouver USA $1,657,585 2,835 $585
Walla Walla Tourism $1,120,000 1,100 $1,018
COMPETING CITY BUREAU BUDGET
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
The following chart provides historical look at a total budget comparative (including Hotel Motel Tax,
Membership Investments and Tourism Promotion Assessment) in key competitive markets.
The following chart provides historical look at hotel-motel tax investments in key competitive markets.
Visit Seattle $13,119,000 14,861 $883
Visit Spokane & Sports Commission $2,326,474 7,169 $325
Yakima Valley Tourism $750,000 3,061 $245
Walla Walla Tourism $720,000 1,100 $655
Visit Tri-Cities $684,682 3,849 $178
Travel Tacoma $510,000 7,000 $73
Visit Vancouver USA $351,467 2,835 $124
Seattle Southside Travel Authority $0 9,403 $0
COMPETING CITY
HOTEL-MOTEL
TAX
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
The following chart provides historical look at a tourism promotion assessments in key competitive markets.
Visit Seattle $7,735,000 14,861 $520
Seattle Southside Tourism Authority $3,408,000 9,403 $362
Visit Spokane & Sports Commission $2,194,438 7,169 $306
Visit Tri-Cities $1,871,914 3,849 $486
Travel Tacoma $1,400,000 7,000 $200
Visit Vancouver USA $1,206,150 2,835 $425
Yakima Valley Tourism $607,832 2,236 $272
Walla Walla Tourism $400,000 1,100 $364
COMPETING CITY TPA
NUMBER OF
HOTEL ROOMS
$ SPENT
PER ROOM
VISIT TRI-CITIES
2022 TPA BUDGET
18 Page 46 of 145
5010 Salaries $563,837.00 $567,750 $696,526 132,689 $128,776
5012 401k $22,553.00 $18,902 $33,527 10,974 $14,625
5015 Health Insurance $86,753.00 $75,526 $101,558 14,805 $26,032
5030 Payroll Taxes $50,745.00 $46,425 $58,508 7,763 $12,083
5035 Accounting Services $24,747.00 $24,711 $24,747 0 $36
5050 Telephone & Toll free $7,500.00 $7,467 $7,500 0 $33
5060 Office Expense $10,000.00 $7,469 $9,000 -1,000 $1,531
5070 Office Insurance $4,200.00 $4,517 $6,000 1,800 $1,483
5080 Postage $7,000.00 $2,215 $4,000 -3,000 $1,785
5090 Equipment Upkeep $22,000.00 $17,042 $22,000 0 $4,958
5092 Visit Mobile $3,660.00 $2,121 $3,660 0 $1,539
5095 Capital Expenditures $10,000.00 $8,703 $15,000 5,000 $6,297
5100 Office Rent $63,000.00 $63,000 $63,000 0 $-
5105 Legal/Professional $2,500.00 $1,068 $2,500 0 $1,432
5110 Dues & Subscriptions $7,200.00 $5,210 $7,200 0 $1,990
5112 Platform Fees $41,500.00 $39,429 $58,500 17,000 $19,071
5115 Computer Licensing Fee $36,000.00 $26,286 $36,000 0 $9,714
5225 Website Maintenance $36,000.00 $27,315 $38,000 2,000 $10,685
5230 Training $9,000.00 $8,488 $10,000 1,000 $1,512
5290 Advertising/Marketing $552,091.00 $363,550 $440,988 -111,103 $77,438
5300 Promo Items * $7,000.00 $2,152 $5,000 -2,000 $2,848
5310 Bid Fees $25,000.00 $25,000 $25,000 0 $-
5315 Travel $37,200.00 $16,868 $37,200 0 $20,332
5317 Trade Shows $46,500.00 $19,659 $46,500 0 $26,841
5500 Opportunity Fund $120,000.00 $73,780 $120,000 0 $46,220
Total
Expenses
$1,795,986 $1,454,653 $1,871,914
DESTINATION MARKETING
ORGANIZATION (DMO)
FUNDING COMPARATIVE
VISIT TRI-CITIES
2022 TPA BUDGET
City of Kennewick $772,273 $690,049 $804,923 32,650 $114,874
City of Richland $628,596 $607,107 $692,608 64,012 $85,501
City of Pasco $395,117 $343,797 $374,383 -20,734 $30,586
1000 Total Revenues: $1,795,986 $1,640,953 $1,871,914 75,928 $230,961
REVENUE 2021 BUDGET 2021 FORECAST
2022 PROJECTED
BUDGET
VARIANCE TO
2022 BUDGET
VARIANCE TO
2022 F/C
EXPENSES 2021 BUDGET 2021 FORECAST
2022 PROJECTED
BUDGET
VARIANCE TO
2022 BUDGET
VARIANCE TO
2022 F/C
APPENDIX19Page 47 of 145
7130 W. Grandridge Blvd., Ste. B
Kennewick, WA 99336
(509) 735-8486 | (800) 254-5824
VisitTri-Cities.com
Page 48 of 145
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ITEMS FOR DISCUSSION
•Tourism Promotional Area Programs
•TPA Budget
•Visit Tri-Cities 2021 Mid-Year Report
Page 50 of 145
FUNDED BY TOURISM PROMOTION
ASSESSMENT•Convention, Sports and Group Marketing
•Digital Advertising
•Social Media Advertising
•Broadcast Advertising
•Wine Country, STEM, and Outdoor
Advertising
•Website
•Regional and National Tradeshows
•Opportunity Fund Grants
Page 51 of 145
TRI-CITY REGIONAL
HOTEL-MOTEL
COMMISSIONCITY OF KENNEWICK
Mark Blotz, Clover Island Inn
Jerry Beach, A-1 Hospitality
Marie Mosley, Ex Officio, City of Kennewick
CITY OF PASCO
Monica Hammerberg, Hampton Inn & Suites Pasco / Tri-
Cities
Vijay Patel, A-1 Hospitality
Dave Zabell, Ex Officio, City of Pasco
CITY OF RICHLAND
Wendy Higgins, The Lodge at Columbia Point
Andrew Lucero, Richland Courtyard by Marriott
Jon Amundson, Ex Officio, City of RichlandPage 52 of 145
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AGENDA REPORT
FOR: City Council October 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Reserve Center Lease Extension with the Port of Pasco
I. REFERENCE(S):
Proposed Resolution
Proposed Lease Amendment No. 1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, authorizing the City
Manager to sign and execute Amendment No. 1 to the term building lease
between the Port of Pasco and the City of Pasco..
III. FISCAL IMPACT:
$6,094.06 per month ($73,128.72 annually) for the building lease.
IV. HISTORY AND FACTS BRIEF:
The City has been leasing the former Army Reserve building located at 1011 E.
Ainsworth Department Fire the house 2016 September since Street to
Administrative staff with an agreement with Franklin County Emergency
Management (FCEM) to share space in the facility. The facility has worked well
to house the Administrative Staff, provide training and classroom areas, and
fostered ongoing working relationships and coordination with Franklin County
Emergency Management.
A request to renew the lease for an additional 5-years as outlined in Article 3 of
the lease has been made to the Port of Pasco. The proposed lease extension
provides for rent adjustments on a 3-year basis. The rent was adjusted in 2020,
so an increase is not expected until 2023.
Page 65 of 145
In addition to the main building, an additional separate lease for the training
grounds to the north of the building has been established as well as significant
infrastructure investments in the training grounds (FEMA Assistance to
Firefighters Grant funded training burn prop, air compressor fill station for
breathing air, and restroom and rehabilitation facility to support outdoor training).
The training ground lease is current and is valid through October 2027.
Of note, this facility has proven to be a valuable asset throughout the pandemic,
allowing for receiving, storage, organization and distribution of critical supplies
(PPE), meeting space for regional meetings, and adequate space to facilitate a
coordinated response among agencies involved.
V. DISCUSSION:
The administrative office in the Ainsworth building have worked out well, allowing
the Administrative staff to work closely together without impacting the typical
day-to-day operations of the fire stations. With the increased staffing on the
administrative side (an additional Deputy Fire Chief, Assistant Medical
Officer/Training Officer), the space has proven to be an asset and of continued
use to house and train not only Fire Department personnel, but also City and
FCEM sponsored training.
With the 10-year lease of the adjacent training ground and continued investment
in that property and capabilities, the use of the offices and classroom space is a
key element of the success of the Pasco Fire Training Division. The building has
hosted four joint recruit firefighter academies (with Kennewick and Richland Fire
Departments) and is the preferred location to conduct the academy training. The
ability to use both facilities is the key to the academy success. The Training
Division will maintain a presence in the facility using one of the offices, a bull pen
area and the classroom areas.
Additionally, the Training Division through grant funding has created a
“Command Lab” in the building to allow firefighters to actually operate fire
apparatus into the building and respond to a simulated emergency using
projectors and computer simulation software. Additional projectors and software
in the conference room and classrooms allow for different views of the incident,
adding to the realistic nature of moving crews to different “areas” of the incident.
FCEM is currently occupying space in the Port of Pasco facility including the
Emergency Operations Center for Franklin County, administrative offices, and
storage. The FCEM sublease with the City outlines the shared cost of the facility
and associated cost for their occupied space. The space works well for FCEM
as they frequently interact with Fire Department staff and conduct joint
operations and training. Several large training drills/exercises have been
Page 66 of 145
conducted in the facility in addition to serving as a coordination center during
several larger scale incidents over the previous five years.
The implementation of the Pasco Resource Navigator (PRN) program has
required additional room for the Navigator to operate. The PRN currently shares
office space with the Medical Officer, which is not ideal when discussing certain
plans and history of clients. With the expected move of the Medical Officer to
Station No. 84/Headquarters on Court, this frees up private office space for the
PRN personnel. With the addition of a second PRN person using the funded
intern position through Consistent Care and the Greater Columbia Accountable
Community of Health (GCACH), additional office space will be required.
Relocation of the Chief, Deputy Chief, Medical Officer and Administrative
Assistant to Station No. 84/Headquarters frees up office space for the PRN
program.
In addition to the offices, classroom, and Emergency Operations Center there is
a large well-equipped kitchen and bathrooms with showers to support 24-hour
operations of the facility.
The facility also has a large indoor parking area which is utilized to house reserve
ambulances and the reserve/training fire engine. This apparatus is used to train
both new recruits as well as support other classes and training to keep front line
equipment in service.
The building is approximately 16,833 square feet. The space will be
approximately divided as follows:
• Fire Department Administration & Training – 6,943 square feet.
• Emergency Management – 3,732 square feet
• Common area; (bathrooms, classroom, conference rooms etc.) 6,251
square feet
Note: Common area costs will be split between all users
As discussed above, the lease renewal of the Port building will meet the near
and mid-term need of the City and FCEM. The colocation of multiple operations
and interagency partnership will allow these needs to be met in a cost -effective
and affordable manner for the City operations involved and FCEM.
Page 67 of 145
Resolution – Amendment No. 1 to Term Building Lease
(Port of Pasco/City of Pasco) - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE
AMENDMENT NO. 1 TO THE TERM BUILDING LEASE BETWEEN THE
PORT OF PASCO AND THE CITY OF PASCO.
WHEREAS, pursuant to the City’s lease with the Port of Pasco for the property located
at 1011 E. Ainsworth, the “Premises”, dated September 7, 2016, the term of the lease shall
extend automatically, absent notice from the City to not so extend, for a period of five (5) years;
and
WHEREAS, pursuant to the Premises Lease the City has not notified the Port of Pasco
of its intent to not extend the lease, and the City does wish to allow the automatic extension of
this lease for the first, of potentially two, five (5) year extension terms; and
WHEREAS, the automatic extension of the Premises Lease will change the lease term
and no other terms are hereby amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions
of the Amendment No. 1 to the Term Building Lease between the Port of Pasco and the City of
Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ___ day of _____,
2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 68 of 145
COP-TB-080116 EEO#1
NOTICE OF EXERCISE OF OPTION
COP-TB-080116
On or about the 7th day of September, 2016, the PORT OF PASCO, a municipal corporation of
the State of Washington (“Port”), entered into a Lease Agreement (“Lease”) with City of Pasco
(“Lessee”) for the lease of the following described premises situated in Franklin County, Washington:
Approximately 16,833 square feet of Building OP1011 located at 1011 E Ainsworth Street plus 1.6
acres of land surrounding the building.
Article 3 of the Lease Agreement affords Lessee the option to extend the Lease for a period of Five
(5)years, commencing September 1, 2021 and ending August 31, 2026.
Lessee warrants that Lessee is not in default in any provision of the Lease, and hereby exercises
its option to renew the Lease for the period described in the Lease, according to all the terms,
provisions, covenants, and agreements of the Lease, including those relating to increased rent and
security requirements.
DATED this _____ day of _______________, _____.
City of Pasco
LESSEE
By:
Its:
EXHIBIT A
Page 69 of 145
AGENDA REPORT
FOR: City Council October 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Resolution - Amended Agreement with TCA, Inc. for Architectural and
Engineering Services for Fire Department Facilities
I. REFERENCE(S):
Proposed Resolution
Proposed Amendment No. 1
TCA Added Services Proposal, September 9, 2021
Original Design Work and New Design
Site Map
Utility Site Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, approving the acceptance
of Amendment No. 1 to the TCA Professional Services Agreement for Station
No. 85 design.
III. FISCAL IMPACT:
$43,570.00
IV. HISTORY AND FACTS BRIEF:
In March of 2021, Council approved Resolution No. 4042, contracting with TCA
Architecture and Design for the Design of Fire Station No. 85 on Road 100 at
Maple Street. The original fee for this service was $497,205. This Added
Services Proposal would add $43,570 to the original sum.
V. DISCUSSION:
In the process of planning for the site, and in consideration of the surrounding
area, it became apparent that that the extension of Maple Street through the site
represented a last opportunity to connect Road 96 to Road 100 due to a lack of
Page 70 of 145
foresight with respect to connectivity as the area has developed thus far. The
Maple Street connection would be of great benefit to the area as its development
would; improve connectivity to neighborhoods served off Road 96, extend
sanitary sewer to the area, meet densities within future developments as
envisioned in the land use comprehensive plan, and provide for decreased
response times in the immediate vicinity of future Station No. 85.
To gain these advantages, it is necessary to expand the scope of t he preliminary
design for Fire Station No. 85 to include relocation of underground vaults on the
Southwest corner of the property and plan for the extension of Maple Street to
the rear of the property. The relocation of the aforementioned utility vaults is
necessary as they are located within the future Maple Street alignment. The
expanded scope will result in additional architectural and civil design work.
Page 71 of 145
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 1
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
Fire Department Design Services for 2021-2022
THIS AMENDMENT NO. 1 to the Professional Services Agreement for Fire Department
Design Services for 2021 thru 2022 is made this 18th day of October, 2021, by and between the
City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and TCA
Architecture Planning, hereinafter referred to as “Consultant.”
WHEREAS, the City and Consultant entered into a Professional Services Agreement for
Fire Department Design Services for 2021 thru 2022 on the 15th day of March, 2021; and
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
in Contract No. 21-03 requiring specialized skills, training, equipment, and other supportive
capabilities; and
WHEREAS, the Consultant has previously represented that they are qualified and
possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical
and professional expertise, when required, to perform the services and/or tasks as set forth in
Contract No. 21-03 upon which the City is relying; and
WHEREAS, the Consultant has brought to the City’s attention the need to expand the
scope of design for Contract No. 21-03, to include relocation of underground utilities vaults; and
WHEREAS, the adjusted scope of design for Contract No. 21-03 will add an additional
$43,570 to the original contract price; and
WHEREAS, City staff has determined that this additional scope of design cost is
reasonable in light of the experience and professional skills involved in completing the work.
THE FOLLOWING PROVISIONS OF THE ABOVE REFERENCED
AGREEEMENT ARE HEREBY AMENDED AS FOLLOWS:
Section 1. Scope of Services. The Consultant shall perform services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, to complete design work specific to relocation of underground vaults,
realignment and extension of Maple Street across the south property line, and those duties as
identified and designated as Consultants Responsibilities throughout this Agreement, and as more
particularly described as providing Architectural Design and Engineering services for Fire
Department building design as addressed in the attached RFQ for Fire Station Design Services
(Attachment 1).
EXHIBIT A
Page 72 of 145
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 2
Section 2. All remaining terms and conditions not inconsistent herewith shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to PSA Fire
Station Design 2021-2022 to be executed on this _____ day of October 2021.
CITY: CONSULTANT:
By: _________________________ By: _____________________________
Dave Zabell, City Manager _____________________________
TCA Architecture Planning Inc. P.S.
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
____________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 73 of 145
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 1
PROFESSIONAL SERVICES AGREEMENT
Amendment No. 1
Fire Department Design Services for 2021-2022
THIS AMENDMENT NO. 1 to the Professional Services Agreement for Fire Department
Design Services for 2021 thru 2022 is made this 18th day of October, 2021, by and between the
City of Pasco, a Washington Municipal Corporation, hereinafter referred to as “City”, and TCA
Architecture Planning, hereinafter referred to as “Consultant.”
WHEREAS, the City and Consultant entered into a Professional Services Agreement for
Fire Department Design Services for 2021 thru 2022 on the 15th day of March, 2021; and
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
in Contract No. 21-03 requiring specialized skills, training, equipment, and other supportive
capabilities; and
WHEREAS, the Consultant has previously represented that they are qualified and
possesses sufficient skills, experience, equipment, and necessary capabilities, including: technical
and professional expertise, when required, to perform the services and/or tasks as set forth in
Contract No. 21-03 upon which the City is relying; and
WHEREAS, the Consultant has brought to the City’s attention the need to expand the
scope of design for Contract No. 21-03, to include relocation of underground utilities vaults; and
WHEREAS, the adjusted scope of design for Contract No. 21-03 will add an additional
$43,570 to the original contract price; and
WHEREAS, City staff has determined that this additional scope of design cost is
reasonable in light of the experience and professional skills involved in completing the work.
THE FOLLOWING PROVISIONS OF THE ABOVE REFERENCED
AGREEEMENT ARE HEREBY AMENDED AS FOLLOWS:
Section 1. Scope of Services. The Consultant shall perform services and accomplish such
tasks, including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, to complete design work specific to relocation of underground vaults,
realignment and extension of Maple Street across the south property line, and those duties as
identified and designated as Consultants Responsibilities throughout this Agreement, and as more
particularly described as providing Architectural Design and Engineering services for Fire
Department building design as addressed in the attached RFQ for Fire Station Design Services
(Attachment 1).
EXHIBIT A
Page 74 of 145
PSA Fire Department Design Services 2021-2022 Amendment No. 1 - 2
Section 2. All remaining terms and conditions not inconsistent herewith shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to PSA Fire
Station Design 2021-2022 to be executed on this _____ day of October 2021.
CITY: CONSULTANT:
By: _________________________ By: _____________________________
Dave Zabell, City Manager _____________________________
TCA Architecture Planning Inc. P.S.
ATTEST:
____________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
____________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 75 of 145
September 9, 2021
Exhibit B: Added Services Proposal
RE: City of Pasco – Fire Station 85 Utility Relocation and Road Improvements
6211 Roosevelt Way Northeast | Seattle, WA 98115 | 206 522 3830 | www.tca-inc.com
Added Scope Summary
The added scope is for relocating the existing utilities at the Southwest corner of the site, redeveloping
the Site Plan for Station 85
This work and associated fee is accordance with the Project Scope per attached Exhibit A.
Harms Engineering Lump Sum Fee
*Task B: Design Development $-3,000
Task D: Record Drawing $1,400
Task E: Utility Relocations, Maple Dr.
& Road 100 Frontage Improvements $20,000
Subtotal $18,400
*Task B Fee reduced from Pasco Fire Station 85 and relocated into Task E
Harms Allowance (billed on a T&M basis)
Task F: Bidding and Construction Support $6,700
TOTAL HARMS $25,100
TCA Lump Sum Fee (Expense to date)
Site redesign, coordination $4,030
TCA Markup on Harms Lump Sum @ 10% $1,840
Subtotal $5,870
TCA Allowance (billed on a T&M basis)
Specification’s development, document coordination,
bidding, construction support, close out,
10% mark-up on Harms T&M $14,000
GRAND TOTAL $43,570
Please let me know if you have any questions. We look forward to continuing work with the City on this
critical project.
Sincerely,
Brian Harris
Brian J. Harris AIA, Principal
TCA Architecture + Planning + Design
Sarah Elley
Sarah M. Elley Project Architect
TCA Architecture + Planning + Design
Page 76 of 145
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AGENDA REPORT
FOR: City Council October 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Public Works Board $10M Loan Agreement - Zone 3 Storage
Reservoir Construction
I. REFERENCE(S):
Resolution
Loan Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, authorizing execution of
the $10M loan agreement with the Public Works Board for the Zone 3 Reservoir
Storage Tank project.
III. FISCAL IMPACT:
Award ofa $10M low interest loan to fund the construction of the Zone 3 Water
Storage Reservoir project. The loan is administered by the Public Works Board
(PWB) and has a 20-year term with an effective interest rate of 0.94%.
The project these funds will support would otherwise need to be funded through
a revenue bond, those rates are currently on the order of 3.5% - 4.25%.
The low interest loan reduces debt service requirements over revenue bond, a
significant savings to theratepayers over the life of the debt, and in effect
lessening the need for additional rate funded dollars from the ratepayers over
the next two decades.
IV. HISTORY AND FACTS BRIEF:
The 2019 Comprehensive Water System Plan identified the need for two future
water storage reservoirs to accommodate the next 20 years of planned growth;
one in Zone 2 of the water system and one in Zone 3. Water system zones are
determined based on land elevations across the City. The Zone 2 area is lower
Page 81 of 145
in elevation than Zone 3. Zone 3 consists of the nor thern, highest areas of the
City.
Pasco's unprecedented rapid growth in the past decade and the growth outlined
in the recently adopted Comprehensive Plan, requires that the Zone 3 Reservoir
be completed within the next few years. The commitment on mul tiple major
private investments, including Darigold, requires that the Zone 3 Reservoir be
operational by mid-2023.
Pasco's water system currently operates with a storage capacity deficit. This
deficit is projected to increase by the end of 2023 due to increased demand from
continued growth and a new dairy processing customer.
The Zone 3 Reservoir project complements treatment and distribution
improvements already planned and underway for Zone 3 of the City’s domestic
water system. These planned improvements include:
• West Pasco Water Treatment Plant (WPWTP) Expansion
• Water Transmission Main - WPWTP to Zone 3
The Zone 3 Reservoir project consists of the design and construction of a new
3.5-million-gallon (MG) water storage reservoir to serve and expand the City’s
domestic water system to accommodate new residential, commercial, and
industrial growth.
All three (3) projects identified above will together provide adequate supply,
increased reliability, and improved redundancy to all existing and new customers
in the northern part of the City.
The Zone 3 Reservoir design and construction will be a collaborative effort
between the City and a Design-Build team. Three Design-Build teams are
currently going through the final stage of the qualification and selection process.
Formal selection is anticipated to be complete in October 2021.
V. DISCUSSION:
Earlier this year, City staff prepared and submitted a loan application to the
Washington Public Works Board (PWB) for the Zone 3 Reservoir project. The
Public Works Board is a state agency that helps fund infrastructure
improvements in Cities throughout the state. The application requested the
maximum loan amount of $10M based on a total project estimate of $11.7M. In
June 2021, the PWB approved the City's application for the construction phase
of the project.
Page 82 of 145
The final cost of the Zone 3 Reservoir project will be determined as the project
progresses through the Progressive Design-Build process.
The proposed contract is provided as an attachment, the highlights are as
follows:
• Loan Amount: $10,000,000
• Loan Term: 20 Years
• Interest: 0.94%
This item was discussed at the October 11, 2021 Workshop Meeting.
Staff recommends approval of the $10M Construction Loan from the Public
Works Board for the Zone 3 Water Reservoir Storage project.
Page 83 of 145
Resolution – Public Works Board
Construction $10M Loan Agreement - 1
RESOLUTION NO. _________
A RESOLUTION AUTHORIZING EXECUTION OF THE $10M LOAN
AGREEMENT WITH THE PUBLIC WORKS BOARD FOR THE ZONE 3
RESERVOIR STORAGE TANK PROJECT.
WHEREAS, the project consists of the design and construction of a new 3.5-million-
gallon (MG) storage reservoir to serve the City’s Potable water system which will help expand the
City’s domestic water system; and
WHEREAS, the new storage tank will increase resiliency of the system, address a current
system storage deficiency, provide water to current and future utility ratepayers, and support
economic development; and
WHEREAS, the project will include engineering design, site investigation, environmental
permitting, Department of Health permitting, construction, inspection, and project management;
and
WHEREAS, on June 25, 2021, the City received authorization from the Capital Projects
Advisory Review Board (CPARB) to utilize Design-Build alternative delivery method for this
project; and
WHEREAS, the City is currently soliciting pursuant to RCW 39.10.330 teams of
Engineering Consultant and Contractors for a qualifications based selection of the highest scoring
qualified team, based on the City’s evaluation criteria set out in it’s Request for Qualifications and
Request for Proposals, for the progressive design and construction of the storage reservoir; and
WHEREAS, on August 6, 2021, the Public Works Board awarded a low interest loan to
the City for the Construction of this project with a 0.94% interest rate and loan term of 20-years;
and
WHEREAS, on October 6, 2021, the City’s special counsel reviewed the loan contract
with the Public Works Board and provided an opinion that the City’s incurrence of this financial
obligation by the loan will not cause the City to exceed any statutory or administrative debt
limitation applicable to the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. The City Council of the City of Pasco hereby authorizes the City Manager for
the City of Pasco to execute the Loan Agreement with The Public Works Board, to make minor
substantive adjustments, and to take all necessary steps required to complete this agreement; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
Page 84 of 145
Resolution – Public Works Board
Construction $10M Loan Agreement - 2
PASSED by the City Council of the City of Pasco, Washington, this ___ day of October,
2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 85 of 145
CONTRACT FACE SHEET
Contract Number: PC22-96103-049
PUBLIC WORKS BOARD
CONSTRUCTION LOAN CONTRACT
1. Contractor 2. Contractor Doing Business As (optional)
City of Pasco
525 N. Third Avenue
PO Box 293
Pasco, WA 99301
N/A
3. Contractor Representative 4. Public Works Board Representative
N/A N/A
5. Contract Amount 6. Funding Source 7. Contract Start
Date
8. Contract End
Date
$10,000,000 Federal: State: Other:
N/A:
Contract Execution
Date
June 1, 2041
9. Federal Funds (as applicable)
N/A
Federal Agency
N/A
CFDA Number
N/A
10. Tax ID #11. SWV #12. UBI #13. DUNS #
N/A SWV0007164-00 113-001-926 N/A
14. Contract Purpose
Fund a project of a local government for the planning, acquisition, construction, repair, reconstruction,
replacement, rehabilitation, or improvement of streets, roads, bridges, drinking water systems, stormwater
systems, sanitary sewage systems, or solid waste facilities, including recycling facilities.
The BOARD, defined as the Washington State Public Works Board and Contractor acknowledge and accept
the terms of this Contract and attachments and have executed this Contract on the date below to start as of
the date and year last written below. The rights and obligations of both parties to this Contract are governed by
this Contract and the following other documents that are incorporated by reference: Contract Terms and
Conditions including Declarations Page; and Attachment I: Attorney’s Certification.
FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD
Signature
Dave Zabell
Print Name
City Manager
Title
Date
Kathryn A. Gardow, Public Works Board Chair
Date
APPROVED AS TO FORM ONLY
_September 22, 2021___________________________
Dawn C. Cortez
Assistant Attorney General
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19 EXHIBIT A
Page 86 of 145
2
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19
Page 87 of 145
3
DECLARATIONS
CLIENT INFORMATION
Legal Name: City of Pasco
Loan Number: PC22-96103-049
PROJECT INFORMATION
Project Title: Zone 3 Reservoir Storage Tank
Project City: Pasco
Project State: Washington
Project Zip Code: 99301
LOAN INFORMATION
Loan Amount: $10,000,000
Total Estimated Cost: $10,000,000
Total Estimated Project Funding: $10,000,000
Loan Forgiveness % (if applicable): 0%
Loan Term: 20
Interest Rate: 0.94%
Payment Month: June 1st
Loan Reimbursement Start Date: August 6, 2021
Time of Performance 60 months from Execution Date of this Contract to Project
Completion.
SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT
LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT
This loan is a revenue obligation of the CONTRACTOR payable solely from the net revenue of the Domestic Water
system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any
revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, “net
revenue” means gross revenue minus expenses of maintenance and operations. The BOARD grants the CONTRACTOR
the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge
of this loan agreement.
SCOPE OF WORK
The Zone 3 Reservoir Storage Tank project designs and constructs an approximately 3.5 -million-gallon (MG) potable
water storage reservoir.
The project costs may include but are not limited to: engineering, cultural and historical resources, environmental
documentation, review, permits, public involvement, bid documents and construction. The project needs to meet all
applicable Local, State, and/or Federal standards.
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19
Page 88 of 145
DocuSign Envelope ID: 7A364BE3-49C0-4A8F-A675-7542ABBA0E19
Page 89 of 145
TABLE OF CONTENTS
CONTRACT TERMS AND CONDITIONS ................................................................................. 1
Part 1. SPECIAL TERMS AND CONDITIONS ........................................................................ 1
1.1 Definitions .............................................................................................................................1
1.2 Authority ................................................................................................................................1
1.3 Purpose .................................................................................................................................1
1.4 Order of Precedence ............................................................................................................1
1.5 5- year deferral for start-up systems ..................................................................................2
1.6 Competitive Bidding Requirements ...................................................................................2
1.7 Default in Repayment ...........................................................................................................2
1.8 Investment Grade Audit .......................................................................................................2
1.9 Sub-Contractor Data Collection ..........................................................................................2
1.10 Eligible Project Costs ...........................................................................................................2
1.11 Historical and Cultural Resources ......................................................................................3
1.12 Performance Incentives .......................................................................................................3
1.13 Project Completion Amendment and Certified Project Completion Report ...................4
1.14 Project Signs .........................................................................................................................4
1.15 Rate Loan Forgiveness and Term of Loan.........................................................................5
1.16 Recapture ..............................................................................................................................5
1.17 Reimbursement Procedures and Payment ........................................................................5
1.18 Repayment ............................................................................................................................6
1.19 Reports ..................................................................................................................................7
1.20 Termination for Cause .........................................................................................................7
1.21 Termination for Convenience ..............................................................................................7
1.22 Time of Performance ............................................................................................................7
1.23 Contract Suspension ...........................................................................................................7
1.24 Special Conditions ...............................................................................................................8
1.25 Loan Security ........................................................................................................................8
Part 2. GENERAL TERMS AND CONDITIONS ...................................................................... 9
2.1 DEFINITIONS ..........................................................................................................................9
2.2 Allowable Costs .....................................................................................................................9
2.3 ALL WRITINGS CONTAINED HEREIN .................................................................................9
2.4 AMENDMENTS .......................................................................................................................9
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the “ADA” 28 CFR Part 35 .....................................................................................9
2.6 APPROVAL .............................................................................................................................9
2.7 ASSIGNMENT ...................................................................................................................... 10
2.8 ATTORNEYS’ FEES ............................................................................................................ 10
2.09 CODE REQUIREMENTS .................................................................................................... 10
2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ............................................. 10
2.11 CONFORMANCE ................................................................................................................ 10
2.12 CONFLICT OF INTEREST.................................................................................................. 11
2.13 COPYRIGHT PROVISIONS ................................................................................................ 11
2.14 DISALLOWED COSTS ....................................................................................................... 11
2.15 DISPUTES ........................................................................................................................... 12
2.16 DUPLICATE PAYMENT ..................................................................................................... 12
2.17 GOVERNING LAW AND VENUE ....................................................................................... 12
2.18 INDEMNIFICATION ............................................................................................................ 12
2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR ...................................................... 13
2.20 INDUSTRIAL INSURANCE COVERAGE ........................................................................... 13
2.21 LAWS .................................................................................................................................. 13
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2.22 LICENSING, ACCREDITATION AND REGISTRATION .................................................... 13
2.23 LIMITATION OF AUTHORITY ............................................................................................ 13
2.24 Local Public Transportation Coordination ..................................................................... 13
2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................... 13
2.26 PAY EQUITY ....................................................................................................................... 13
2.27 POLITICAL ACTIVITIES ..................................................................................................... 14
2.28 PREVAILING WAGE LAW ................................................................................................. 14
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .............................. 14
2.30 PUBLICITY .......................................................................................................................... 14
2.31 RECAPTURE ...................................................................................................................... 14
2.32 RECORDS MAINTENANCE ............................................................................................... 15
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE .................................................... 15
2.34 RIGHT OF INSPECTION .................................................................................................... 15
2.35 SAVINGS ............................................................................................................................ 15
2.36 SEVERABILITY .................................................................................................................. 15
2.37 SUBCONTRACTING .......................................................................................................... 15
2.38 SURVIVAL .......................................................................................................................... 16
2.39 TAXES ................................................................................................................................. 16
2.40 TERMINATION FOR CAUSE ............................................................................................. 16
2.41 TERMINATION FOR CONVENIENCE ............................................................................... 16
2.42 TERMINATION PROCEDURES ......................................................................................... 16
2.43 TREATMENT OF ASSETS ................................................................................................. 17
2.44 WAIVER .............................................................................................................................. 17
ATTACHMENT I: ATTORNEY’S CERTIFICATION .............................................................. 189
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CONTRACT TERMS AND CONDITIONS
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
Part 1. SPECIAL TERMS AND CONDITIONS
1.1 Definitions
As used throughout this Construction Loan Contract the following terms shall have the meaning set forth
below:
A. “Contract” shall mean this Construction Loan Contract.
B. “Contractor” shall mean the local government identified on the Contract Face Sheet performing
service(s) under this Contract and who is a Party to the Contract, and shall include all employees and
agents of the Contractor.
C. “The BOARD” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and who is a Party to the Contract.
D. "Declarations " and "Declared" shall refer to the project information, loan terms and conditions as stated
on the Declarations Page of this Loan Contract, displayed within the Contract in THIS STYLE for easier
identification.
1.2 Authority
Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the Contractor a Public Works
Board construction loan for an approved public works project.
1.3 Purpose
The BOARD and the Contractor have entered into this Contract to undertake a local publ ic works project
that furthers the goals and objectives of the Washington State Public Works Program. The project will be
undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on
the Declarations page. The project must be undertaken in accordance with the loan terms and conditions,
and all applicable federal, state and local laws and ordinances, which are incorporated by reference.
1.4 Order of Precedence
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence
in the following order:
A. Applicable federal and state of Washington statutes and regulations.
B. Special Terms and Conditions including attachments.
C. General Terms and Conditions.
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1.5 5- year deferral for start-up systems
If the project financed by this Contract is to develop a system to deliver previously unavailable services, and
revenue from those services is to repay the loan, the new system is eligible for a deferral of loan payments
for sixty (60) months after the Contract execution date. The Contractor may provide a written request to the
BOARD requesting a 5-year deferral for an eligible system. The BOARD may approve the deferral request.
Interest accrues for the aforementioned sixty (60) m onths. The accrued interest only payment is due June
1 of the 6th year of the loan term. Interest and principal payments are due on June 1 of the 7th year of the
loan term.
1.6 Competitive Bidding Requirements
The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding
requirements for projects assisted in whole or in part with money from the Public Works Program.
1.7 Default in Repayment
Loan repayments shall be made on the loan in accordance with Section 1.18 of this Contract. A payment
not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall
be assessed a monthly penalty beginning on the first (1st) day past the due date. The penalty will be
assessed on the entire payment amount. The penalty will be one percent (1%) per month or twelve percent
(12%) per annum. The same penalty terms shall apply at project completion if the repayment of loan funds
in excess of eligible costs are not repaid at the time of the Project Completion Amendment is submitted, as
provided for in Section 1.13.
The Contractor acknowledges and agrees to the BOARD’s right, upon delinquency in the payment of any
annual installment, to notify any other entity, creditors, or potential c reditors of the Contractor of such
delinquency.
The Contractor shall be responsible for all legal fees incurred by the BOARD in any action undertaken to
enforce its rights under this section.
1.8 Investment Grade Audit
For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public
works facility for which an investment grade audit is obtainable, Contractor must undertake an investment
grade audit.
Costs incurred as part of the investment grade audit are eligible project costs.
1.9 Sub-Contractor Data Collection
Contractor will submit reports, in a form and format to be provided by the BOARD and at intervals as agreed
by the parties, regarding work under this Contract performed by sub-contractors and the portion of the
Contract funds expended for work performed by sub-contractors, including but not necessarily limited to
minority-owned, women-owned, and veteran-owned business sub-contractors. “Sub-Contractors” shall
mean sub-contractors of any tier.
1.10 Eligible Project Costs
The Eligible project costs must consist of expenditures eligible under Washington Administrative Code
(WAC) 399-30-030 and be related only to project activities described in the declared SCOPE OF WORK.
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Eligible costs for reimbursement shall be construed to mean expenditures incurred and paid, or incurred
and payable within thirty (30) days of the reimbursement request. Only costs that have been incurred on or
after LOAN REIMBURSEMENT START DATE shown in the Declarations are eligible for reimbursement
under this Contract. Eligible costs will be paid according to an approved budget up to the maximum amount
stated on the Contract Award or Amendment Face Sheet.
The Contractor assures compliance with WAC 399-30-030, which identifies eligible costs for projects
assisted with Public Works Board loans.
These terms supersede the terms in Section 2.2. Allowable Costs.
1.11 Historical and Cultural Resources
Prior to commencing construction, Contractor shall complete the requirements of Governor’s Executive
Order 21-02, or, as an alternative to completion of Governor’s Executive Order 21-02, Contractor shall
complete Section 106 of the National Historic Preservation Act, as applicable. Contractor agrees that the
Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements
related to the preservation of historical or cultural resources and agrees to indemnify, defend and hold
harmless the BOARD and the State of Washington in relation to any claim related to such historical or
cultural resources discovered, disturbed, or damaged as a result of the project funded by this Contract.
In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor’s
Executive Order 21-02, coordinate with the Washington State Department of Archaeology and Historic
Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project
design and prior to construction to determine the existence of any tribal cultural resources affected by the
proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to
cultural resource as a continuing pre-requisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural
monitoring plan or other memorandum of agreement, if historical or cultural resources are discovered during
construction, the Contractor shall immediately stop work and notify the local historical preservation officer
and the state's historic preservation officer at DAHP. If human remains are uncovered, the Contractor shall
report the presence and location of the remains to the coroner and local enforcement immediately, then
contact DAHP and the concerned tribe’s cultural staff or committee.
The Contractor shall require this provision to be contained in all sub-contracts for work or services related to
the declared SCOPE OF WORK.
In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44.040
regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW
68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding
Archaeological Excavation and Removal Permits.
Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of
Governor’s Executive Order 21-02.
In the event that the Contractor finds it necessary to amend the SCOPE OF WORK, the Contractor may be
required to re-comply with Governor’s Executive Order 21-02 or Section 106 of the National Historic
Preservation Act.
1.12 Performance Incentives
The Contractor shall complete the project no later than sixty (60) months after the date of Contract
execution.
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Should the Contractor submit the Certified Project Completion Report within forty-eight (48) months of the
date of Contract execution, the Contractor may choose one of the two following incentives upon project
completion:
Option A: The repayment period will be increased by twenty-four (24) months, not to exceed the life
of the asset, OR:
Option B: The interest rate will be decreased by one-quarter of one percent (0.25%).
Should the Contractor submit the Certified Project Completion Report within thirty-six (36) months of the
date of Contract execution, the Contractor may choose one of the following two incentives upon project
completion:
Option C: The repayment period will be increased by sixty (60) months, not to exceed the life of the
asset, OR;
Option D: The interest rate will be decreased by up to one-half of one percent (0.50%).
Once an option is selected, the Contract shall be modified to note the appropriate change and no further
adjustment to the Contract for Performance Incentives shall be authorized. Irrespective of the performance
incentive chosen, at no point in time shall the minimum loan interest rate be less than 0.25%.
The calculation of interest rate and term adjustments will apply to the remaini ng payments beginning from
the date the Project Completion report is certified.
1.13 Project Completion Amendment and Certified Project Completion Report
The Contractor shall complete a Certified Project Completion Report when all activities identified in the
SCOPE OF WORK are complete. The BOARD will supply the Contractor with the Certified Project
Completion Report form, which shall include:
A. A certified statement that the project, as described in the declared SCOPE OF WORK, is complete and,
if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK.
C. Certification that all costs associated with the project have been incurred and have been accounted for.
Costs are incurred when goods and services are received and/or Contract work is performed.
D. A final voucher for the remaining eligible funds.
E. Pictures of Completed Project.
The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for
a sum not to exceed the balance of the loan amount. The final Invoice Voucher payment shall not occur
prior to the completion of all project activities identified in the SCOPE OF WORK and the BOARD's receipt
and acceptance of the Certified Project Completion Report.
The Project Completion Amendment shall serve as an amendment to this Contract determining the final
loan amount, local share, term, and interest rate.
1.14 Project Signs
If the Contractor displays, during the period covered by this Contract, signs or markers identifying those
agencies participating financially in the approved project, the sign or marker must identify the Washington
State Public Works Board as a participant in the project.
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1.15 Rate Loan Forgiveness and Term of Loan
The BOARD shall loan the Contractor a sum not to exceed the LOAN AMOUNT shown on the Contract
Face Sheet and declared on the Contract Declarations Page. The interest rate shall be the declared
INTEREST RATE per annum on the outstanding principal balance. The amount of loan forgiveness (if
applicable) shall be as stated on the attached Declarations Page, and identified therein as LOAN
FORGIVENESS %. The length of the loan shall not exceed the declared LOAN TERM in years, with the
final payment due by the CONTRACT END DATE as shown on the Contract Face Sheet.
The loan forgiveness shall be applied at project completion and shall apply to the lesser of the loan amount
or the actual eligible costs and that declared percent on any accrued interest. The percent of loan
forgiveness and interest rate shall not be changed, regardless of the actual cost of the project and the
Affordability Index at project completion.
1.16 Recapture
The right of recapture under Section 2.31. Recapture shall exist for a period not to exceed six (6) years
following Contract termination. In the event that the Board is required to institute legal proceedings to
enforce the recapture provision, the BOARD shall be entitled to its costs, including attorney’s fees.
1.17 Reimbursement Procedures and Payment
If funding or appropriation is not available at the time the invoice is submitted, or when this Contract is
executed, the issuance of warrants will be delayed or suspended until such time as funds or appropriation
become available. Therefore, subject to the availability of funds, warrants shall be issued to the Contractor
for reimbursement of allowable expenses incurred by the Contractor while undertaking and administering
approved project activities in accordance with the declared SCOPE OF WORK.
The BOARD shall reimburse the Contractor for eligible project expenditures up to the maximum loan
amount under this Contract, as identified in Section 1.10. When requesting reimbursement for costs
incurred, the Contractor shall submit all Invoice Vouchers and any required documentation electronically
through the Department of Commerce’s (COMMERCE) Contracts Management System (CMS), which is
available through the Secure Access Washington (SAW) portal; referencing the SCOPE OF WORK project
activity performed, and any appropriate documentation such as bills, invoices, and receipts. If the
Contractor has constraints preventing access to COMMERCE’s online A-19 portal, a hard copy A-19 form
may be provided by the BOARD Project Manager upon request.
Requests for reimbursements for costs related to construction activities will not be accepted until the
Contractor provides:
Proof of compliance with Governor’s Executive Order 21-02 or Section 106 of the National Historic
Preservation Act, as described in Section 1.11, and
Signed Public Works Board Notice of Contract Award and Notice to Proceed, which follows the
formal award of a construction contract.
The BOARD will pay the Contractor upon acceptance of the work performed and receipt of properly
completed invoices. Invoices shall be submitted to the BOARD not more often than monthly.
Payment shall be considered timely if made by the BOARD within thirty (30) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Contractor.
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The BOARD may, at its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of
this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Contract shall
be made by the BOARD.
BOARD shall not release the final five (5) percent of the total grant amount until acceptance by BOARD of
project completion report.
Duplication of Billed Costs. If the Contractor is entitled to payment or has been or will be paid by another
source for an eligible project cost, then the Contractor shall not be reimbursed by the BOARD for that cost.
Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its
own organization or that of its subcontractors.
In no event shall the total Public Works loan exceed 100% of the eligible actual project costs. At the time of
project completion, the Contractor shall submit to the BOARD a Project Completion Amendment certifying
the total actual project costs and local share. The final Public Works loan disbursement shall bring the total
loan to the lesser of 100% of the eligible project costs or the total declared LOAN AMOUNT. The Project
Completion Amendment shall serve as an amendment to this Contract determining the final loan amount,
local share, and interest rate.
In the event that the final costs identified in the Project Completion Amendment indicate that the Contractor
has received Public Works Board monies in excess of 100.00% of eligible costs, all funds in excess of
100.00% shall be repaid to the Board by payment to the Department of Commerce, or its successor,
together with the submission of the Project Completion Amendment.
1.18 Repayment
Loan repayment installments are due on the day and month identified under the term: PAYMENT MONTH
on the Declarations Page. Payments are due each year during the term of the loan beginning one year
from the date of Contract execution. Interest only will be charged for this payment if a warrant is issued
prior to this date. All subsequent payments shall consist of principal and accrued in terest due on the
specified PAYMENT MONTH date of each year during the remaining term of the loan.
Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum based on
a three hundred and sixty (360) day year of twelve (12) thirty (30) day months. Interest will begin to accrue
from the date each warrant is issued to the Contractor. The final payment shall be on or before the
CONTRACT END DATE shown on the Declarations page, of an amount sufficient to bring the loan balance
to zero.
In the event that the BOARD approves the Contractor's request for a deferral as outlined in Section 1.5,
then the first loan repayment is due sixty (60) months after Contract execution. Interest accrues for the
sixty (60) months after Contract execution. The accrued interest only will be charged for this payment if a
warrant is issued prior to this date. Interest and principal payments are due on the declared PAYMENT
MONTH date of each year during the remaining term of the loan. The Contractor has the right to repay the
unpaid balance of the loan in full at any time or make accelerated payments without penalty.
The Contractor will repay the loan in accordance with the preceding conditions through the use of a check,
money order, or equivalent means made payable to the Washington State Department of Commerce, or its
successor.
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1.19 Reports
The Contractor shall furnish the BOARD with:
A. Project Status Reports with each Invoice Voucher;
B. Project Quarterly Reports (if no funds have been reimbursed in the quarter) and/or Quarterly
Expenditures Report;
C. Quarterly Projection Invoice Reports;
D. Certified Project Completion Report at project completion (as described in Section 1.13);
E. Pictures of various stages of the project, and
F. Other reports as the BOARD may require.
1.20 Termination for Cause
If the Contractor fails to comply with the terms of this Contract, or fails to use the loan proceeds only for
those activities identified in the SCOPE OF WORK, the BOARD may terminate the Contract in whole or in
part at any time. The BOARD shall notify the Contractor in writing of its determination to terminate, the
reason for such termination, and the effective date of the termination. Nothing in this section shall affect the
Contractor's obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.40 Termination for Cause.
1.21 Termination for Convenience
The BOARD may terminate this Contract in the event that state funds are no longer available to the
BOARD, or are not appropriated for the purpose of meeting the BOARD’s obligations under this Contract.
Termination will be effective when the BOARD sends written notice of termination to the Contractor.
Nothing in this section shall affect the Contractor’s obligation to repay the unpaid balance of the loan.
These terms supersede the terms in Section 2.41 Termination for Convenience.
1.22 Time of Performance
No later than sixty (60) months after the date of Contract execution the Contractor must reach project
completion.
Failure to meet Time of Performance shall constitute default of this Contract. In the event of extenuating
circumstances, the Contractor may request, in writing, that the BOARD extend the deadline for project
completion. The BOARD may extend the deadline.
The term of this Contract shall be for the entire term of the loan, regardless of actual project completion,
unless terminated sooner as provided herein.
1.23 Contract Suspension
In the event that the Washington State Legislature fails to pass and the Gover nor does not authorize a
Capital Budget by June 30 of each biennium, the Washington State Constitution Article 8 and RCW
43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of
appropriation.
In such event, all work under this Contract will be suspended effective July 1. The Contractor shall
immediately suspend work under this Contract and take all reasonable steps necessary to minimize the
cost of performance directly attributable to such suspension until the susp ension is cancelled.
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THE BOARD shall notify the Contractor immediately upon lifting of the Contract suspension.
1.24 Special Conditions
If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein
incorporated as part of the terms and requirements of this Contract.
1.25 Loan Security
Loan Security payments shall be made as stated on the attached Declarations Page, and identified therein
as LOAN SECURITY.
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Part 2. GENERAL TERMS AND CONDITIONS
2.1 DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. “Authorized Representative” shall mean the Public Works Board Chair and/or the designee
authorized in writing to act on the Chair’s behalf.
B. “COMMERCE” shall mean the Department of Commerce.
C. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
D. “BOARD” shall mean the Washington State Public Works Board created in Revised Code of
Washington (RCW) 43.155.030, and which is a Party to the Contract
E. “Personal Information” shall mean information identifiable to any person, including, but not limited
to, information that relates to a person’s name, health, finances, edu cation, business, use or receipt
of governmental services or other activities, addresses, telephone numbers, social security
numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. ”State” shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The terms
“subcontractor” and “subcontractors” mean subcontractor(s) in any tier.
2.2 Allowable Costs
Costs allowable under this Contract are actual expenditures according to an approved budget up to the
maximum amount stated on the Contract Award or Amendment Face Sheet.
2.3 ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the
parties hereto.
2.4 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
2.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101 -336, also referred to as
the “ADA” 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local government
services, and telecommunications.
2.6 APPROVAL
This contract shall be subject to the written approval of the Board’s Authorized Representative and shall not
be binding until so approved. The contract may be altered, amended, or waived only by a written
amendment executed by both parties.
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2.7 ASSIGNMENT
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the
Contractor without prior written consent of the Board.
2.8 ATTORNEYS’ FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other action
brought to enforce Contract terms, each party agrees to bear its own attorney’s fees and costs.
2.09 CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans
with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building
Department.
2.10 CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. “Confidential Information” as used in this section includes:
1. All material provided to the Contractor by the Board that is designated as “confidential” by the Board;
2. All material produced by the Contractor that is designated as “confidential” by the Board; and
3. All personal information in the possession of the Contractor that may not be disclosed under state or
federal law. “Personal information” includes but is not limited to information related to a person’s
name, health, finances, education, business, use of government services, addresses, telephone
numbers, social security number, driver’s license number and other identifying numbers, and
“Protected Health Information” under the federal Health Insurance Portability and Accountability Act of
1996 (HIPAA).
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the
purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information
to any third party except with the prior written consent of the Board or as may be required by law. The
Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to
prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of
any state or federal laws related thereto. Upon request, the Contractor shall provide the Board with its
policies and procedures on confidentiality. The Board may require changes to such policies and
procedures as they apply to this Contract whenever the Board reasonably determines that changes are
necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time
period specified by the Board. Upon request, the Contractor shall immediately return to the Board any
Confidential Information that the Board reasonably determines has not been adequately protected by
the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5) working days of
any unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure.
2.11 CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
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2.12 CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the BOARD may, in its
sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice
and examination by the BOARD that there is a violation of the Ethics in Public Service Act, Chapters 42.52
RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or
performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52
of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any
person employed in any capacity by the state of Washington that worked on the PUBLIC WORKS BOARD
including but not limited to formulating or drafting the legislation, participating in loan procurement planning
and execution, awarding loans, and monitoring loans, during the 24 month period preceding the start dat e
of this Loan. Identify the individual by name, the agency previously or currently employed by, job title or
position held, and separation date. If it is determined by BOARD that a conflict of interest exists, the
CONTRACTOR may be disqualified from further consideration for the award of a Loan.
In the event this contract is terminated as provided above, BOARD shall be entitled to pursue the same
remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the
CONTRACTOR. The rights and remedies of BOARD provided for in this clause shall not be exclusive and
are in addition to any other rights and remedies provided by law. The existence of facts upon which
BOARD makes any determination under this clause shall be an issue and may be reviewed as provided in
the “Disputes” clause of this contract.
2.13 COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"
as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the
author of such Materials. In the event the Materials are not considered “works for hire” under the U.S.
Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials,
including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the
moment of creation of such Materials.
“Materials” means all items in any format and includes, but is not limited to, data, r eports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or
sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer
these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced
under the Contract, the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable
license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare
derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the
Contractor has all rights and permissions, including intellectual property rights, moral r ights and rights of
publicity, necessary to grant such a license to the Board.
The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials
furnished under this Contract, of all known or potential invasions of privacy contained therein and of any
portion of such document which was not produced in the performance of this Contract. The Contractor shall
provide the Board with prompt written notice of each notice or claim of infringement received by the
Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to
modify or remove any restrictive markings placed upon the Materials by the Contractor.
2.14 DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization
or that of its Subcontractors.
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2.15 DISPUTES
Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be
resolved by direct negotiation, either part y may request a dispute hearing with the Chair of the Board, who
may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the Contractor's name, address, and Contract number; and
be mailed to the Chair and the other party’s (respondent’s) Representative within three (3)
working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor’s statement to both the Chair or the Chair’s
designee and the requestor within five (5) working days.
The Chair or designee shall review the written statements and reply in writing to both parties within ten (10)
working days. The Chair or designee may extend this period if necessary by notifying the parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.
Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
2.16 DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
2.17 GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
2.18 INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of
Washington, BOARD, agencies of the state and all officials, agents and employees of the state, for, from
and against all claims for injuries or death arising out of or resulting from the performance of the contract.
“Claim” as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including
but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or injury to or the
destruction of tangible property including loss of use resulting therefrom. The Contractor’s obligation to
indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent
negligence of the state or its agents, agencies, employees and officers.
The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out
of or incident to the Contractor’s or any subcontractor’s performance or failure to perform the contract.
Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced
by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnif y, defend and
hold harmless the state and its agencies, officers, agents or employees.
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2.19 INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents of the
state of Washington or the Board. The Contractor will not hold itself out as or claim to be an officer or
employee of the Board or of the state of Washington by reason hereof, nor will the Contractor make any
claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and
control of the work will be solely with the Contractor.
2.20 INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of
its employees as may be required by law, the Board may c ollect from the Contractor the full amount
payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the
Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance
Services. This provision does not waive any of L&I’s rights to collect from the Contractor.
2.21 LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local
and state and federal governments, as now or hereafter amended.
2.22 LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, acc reditation and
registration requirements or standards necessary for the performance of this Contract.
2.23 LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative’s designee by writing (designation to be
made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive
any clause or condition of this Contract.
2.24 Local Public Transportation Coordination
Where applicable, Contractor shall participate in local public transportation forums and implement strategies
designed to ensure access to services.
2.25 NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor’s non-compliance or refusal
to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the
Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance.
Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.
2.26 PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are compensated as
equals, consistent with the following:
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A. Employees are “similarly employed” if the individuals work for the same employer, the performance of
the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar
working conditions. Job titles alone are not determinative of whether employees are similarly
employed;
B. Contractor may allow differentials in compensation f or its workers if the differentials are based in good
faith and on any of the following:
1. A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
2. A bona fide job-related factor or factors may include, but not be limited to, education, training, or
experience that is: Consistent with business necessity; not based on or derived from a gender -based
differential; and accounts for the entire differential.
3. A bona fide regional difference in compensation level must be: Consistent with business necessity;
not based on or derived from a gender-based differential; and account for the entire differential.
This Contract may be terminated by the BOARD, if the BOARD or the Department of Enterprise Services
determines that the Contractor is not in compliance with this provision.
2.27 POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances and
Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any
person for public office.
2.28 PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply
with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by
this contract, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and
“Affidavit of Wages Paid” as required by RCW 39.12.040. The Contractor shall maintain records sufficient
to evidence compliance with Chapter 39.12 RCW, and shall m ake such records available for the Board’s
review upon request.
2.29 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for the
purpose of obtaining approval of the application for such funds or any other approval or concurrence under
this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or
other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project
costs.
2.30 PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or the Board’s name is mentioned, or language used from which the connectio n with the state
of Washington’s or the Board’s name may reasonably be inferred or implied, without the prior written
consent of the Board.
2.31 RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws,
and/or the provisions of this contract, the Board reserves the right to recapture funds in an amount to
compensate the Board for the noncompliance in addition to any other remedies available at law or in equity.
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Repayment by the Contractor of funds under this recapture provision shall occur within the time period
specified by the Board. In the alternative, the Board may recapture such funds from payments due under
this contract.
2.32 RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Contract and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect cos ts of any nature
expended in the performance of this Contract. Contractor shall retain such records for a period of six years
following the date of final payment.
If any litigation, claim or audit is started before the expiration of the six (6) year per iod, the records shall be
retained until all litigation, claims, or audit findings involving the records have been finally resolved.
2.33 REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
2.34 RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor’s performance under this Contract shall be subject
at all reasonable times to inspection, review, and audit by the Board, the Off ice of the State Auditor, and
federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance,
and quality assurance under this Contract. The Contractor shall provide access to its facilities for this
purpose.
2.35 SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Contract and prior to normal completion, the Board may terminate the Contract
under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of
termination, the Contract may be amended to reflect the new funding limitations and conditions.
2.36 SEVERABILITY
If any provision of this Contract or any provision of an y document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without
the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Contract and to this end the provisions of this Contract are declared to be severable.
2.37 SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written
approval of the Board.
If the Board approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the
Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to
this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require
the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor
is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this
Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal
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conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the
liability of the Contractor to the Board for any breach in the performance of the Contractor’s duties.
Every subcontract shall include a term that the Board and the State of Washington are not liable for claims
or damages arising from a Subcontractor’s performance of the subcontract.
2.38 SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract shall so
survive.
2.39 TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor’s income or
gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole
responsibility of the Contractor.
2.40 TERMINATION FOR CAUSE
In the event BOARD determines the Contractor has failed to com ply with the conditions of this contract in a
timely manner, BOARD has the right to suspend or terminate this contract. Before suspending or
terminating the contract, BOARD shall notify the Contractor in writing of the need to take corrective action.
If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended.
In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law.
BOARD reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the
Contractor from incurring additional obligations of funds during investigation of the alleged compliance
breach and pending corrective action by the Contractor or a decision by BOARD to terminate the contract.
A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1)
was not in default; or (2) failure to perform was outside of his or her control, fault or negligence.
The rights and remedies of BOARD provided in this contract are not exclusive and are, in addition to any
other rights and remedies, provided by law.
2.41 TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract the Board may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is
so terminated, the Board shall be liable only for payment required under the terms of this Contract for
services rendered or goods delivered prior to the effective date of termination.
2.42 TERMINATION PROCEDURES
Upon termination of this contract, BOARD, in addition to any other rights provided in this contract .
The rights and remedies of BOARD provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative,
the Contractor shall:
A. Stop work under the Contract on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary
for completion of such portion of the work under the contract that is not terminated;
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C. Assign to the BOARD, in the manner, at the times, and to the extent directed by the Authorized
Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts
so terminated, in which case the BOARD has the right, at its discretion, to settle or pay any or all claims
arising out of the termination of such orders and subcontracts;
D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,
with the approval or ratification of the Authorized Representative to the extent the Authorized
Representative may require, which approval or ratification shall be final for all the purposes of this
clause;
E. Transfer title to the BOARD and deliver in the manner, at the times, and to the extent directed by the
Authorized Representative any property which, if the contract had been completed, would have been
required to be furnished to the BOARD;
F. Complete performance of such part of the work as shall not have been terminated by the Authorized
Representative; and
G. Take such action as may be necessary, or as the Authorized Representative may direct, for the
protection and preservation of the property related to this contract, which is in the possession of the
Contractor and in which the BOARD has or may acquire an interest.
2.43 TREATMENT OF ASSETS
Title to all property furnished by BOARD shall remain in BOARD. Title to all property furnished by the
Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct i tem of cost under this
contract, shall pass to and vest in the Contractor.
2.44 WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such
in writing and signed by Authorized Representative of the Board.
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ATTACHMENT I: ATTORNEY’S CERTIFICATION
PUBLIC WORKS BOARD
CONSTRUCTION LOAN PROGRAM
City of Pasco
PC22-96103-049
I, Eric W. Ferguson, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the
City of Pasco (the Contractor); and
I have also examined any and all documents and records which are pertinent to the Contract, including the
application requesting this financial assistance.
Based on the foregoing, it is my opinion that:
1. The Contractor is a public body, properly constituted and operating under the laws of the state of
Washington, empowered to receive and expend federal, state and local funds, to contract with the state of
Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their
application.
2. The Contractor is empowered to accept the Public Works Board financial assistance and to provide for
repayment of the loan as set forth in the Contract.
3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the
above-described public facilities project or to enjoin the Contractor from repaying the loan extended by the
Public Works Board with respect to such project. The Contractor is not a party to litigation which will
materially affect its ability to repay such loan on the terms contained in the Contract.
4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable
to the Contractor.
__________________________________ _____________________________
Signature of Attorney Date
Eric W. Ferguson
Kerr Ferguson Law, PLLC
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Certificate Of Completion
Envelope Id: 7A364BE349C04A8FA6757542ABBA0E19 Status: Sent
Subject: Please DocuSign: Pasco PC22-96103-049 Construction Contract.DOC
Division:
Local Government
Program: Public Works Board
ContractNumber: PC22-96103-049
Source Envelope:
Document Pages: 25 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Catherine Weisman
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1011 Plum Street SE
MS 42525
Olympia, WA 98504-2525
catherine.weisman@commerce.wa.gov
IP Address: 198.239.157.60
Record Tracking
Status: Original
10/4/2021 2:14:23 PM
Holder: Catherine Weisman
catherine.weisman@commerce.wa.gov
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Eric W. Ferguson
eferguson@kerrlawgroup.net
Security Level: Email, Account Authentication
(None)
Sent: 10/4/2021 2:39:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dave Zabell
zabelld@pasco-wa.gov
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/5/2021 7:33:36 AM
ID: 07840d5c-790a-4ba2-8647-c1f6c6e992c8
Kathryn A. Gardow
pwbgardowk@gmail.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/4/2021 2:29:07 PM
ID: be12f378-fb97-47bc-b687-dcccb806ec84
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
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Certified Delivery Events Status Timestamp
Maria Serra
serram@pasco-wa.gov
Security Level: Email, Account Authentication
(None)Using IP Address: 64.184.156.54
Sent: 10/4/2021 2:15:00 PM
Viewed: 10/4/2021 2:39:54 PM
Electronic Record and Signature Disclosure:
Accepted: 10/4/2021 2:39:54 PM
ID: ccc2d331-f573-4337-9b78-c94680f8ac75
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/4/2021 2:15:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM
Parties agreed to: Dave Zabell, Kathryn A. Gardow, Maria Serra
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.
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AGENDA REPORT
FOR: City Council October 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Resolution - Surplus of City Property on Road 40 East (Parcel No.112-
540-019)
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, approving the surplus of
certain real property on Road 40 East, and further, authorize the City Manager
to sell the property through realtor listing for a minimum price determined through
market analysis.
III. FISCAL IMPACT:
Through a Market Study by the City of Pasco realtor, the determined property
value and minimum price is $2,613,600.00.
Official fiscal impact upon approval of Purchase and Sale Agreement for the
Property.
IV. HISTORY AND FACTS BRIEF:
For the last number of years, the City of Pasco has systematically identified and
designated certain City-owned parcels as surplus to City needs and put them up
for sale. Parcels in this surplus pool have ranged from civic use sites to
remaindered parcels after roadways have realigned. Recently, Pasco staff has
built an inventory of City-owned parcels to:
• Determine which parcels remain in surplus status
• Identify baseline data on total City-owned acreage
• Build a future strategy on the utilization of public buildings and p roperty
• Identify future maintenance strategy and resource allocation
Page 116 of 145
This action through resolution is to deem the aforementioned property along
Road 40 East, also known as Parcel No. 112-540-019, surplus.
V. DISCUSSION:
Section 2.120.010 of the Pasco Municipal Code (PMC) authorizes City Council
to declare property surplus to City need and offer said property to be sold.
Council shall, according to Section 2.120.020, by resolution, authorize sale by
either fixing a minimum price, or authorize sale through determination of
minimum price through appraisal or market analysis. The process for ultimate
sale of the property would occur through realtor listing in conformance with
Section 2.120.030 of the PMC.
Page 117 of 145
Resolution – Surplus Road 40 E. Property - 1
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE SURPLUS OF CERTAIN REAL PROPERTY ON ROAD 40
EAST.
WHEREAS, in accordance with Pasco Municipal Code (PMC) 2.120.010, prior to a sale
of real property the City Council shall declare the same to be surplus and the sale to be in the best
interest of the City;
WHEREAS, the City Council hereby declares that it is in the best interest to surplus Parcel
No. 112-540-019, as it is no longer needed for municipal purposes, and determines the method of
sale shall be by and through a listing agent selected through the RFQ process; and
WHEREAS, pursuant to PMC 2.120.030 the City Council may determine to effect
the sale by way of, among other methods, a listing agent, after request for qualifications
(RFQ) for a qualified licensed realtor, but in any event shall declare the method of sale of
the surplus property; and
WHEREAS, the Pasco City Council authorized the listing for sale of a 40.3 acre property
along Road 40 East, more formally known as Parcel No. 112-540-019, subject to final approval of
the City Council and in accordance with the recommendations of the City’s Real Estate Broker;
and
WHEREAS, the City Council listed the subject property with a qualified realtor under the
terms of the negotiated listing agreement (attached Exhibit (A)) which among other things includes
the terms of the listing, the minimum price of the subject property, realtor services to be performed
and expresses that the Council’s approval is a condition precedent to the sale being completed; and
WHEREAS, an offer has been received by the city in the sum of $3,300,000.00; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to market this property through realtor listing for a
minimum price to be determined through market analysis.
Page 118 of 145
Resolution – Surplus Road 40 E. Property - 2
PASSED by the City Council of the City of Pasco this _____ day of _____________, 2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 119 of 145
Second Amendment To
Contract
This Amendment to Listing Agreement is part of the Contract Agreement dated August 13, 2018 between
City of Pasco (“Owner”) and SVN | Retter & Company (“Firm”).
IT IS AGREED BETWEEN THE SELLER AND FIRM AS FOLLOWS:
The following property will be offered for sale at the list prices, effective August 19, 2021:
Road 40 South
40.3 Acres
Parcel #112-540-019
$1.60/sf
$2,800,000
SELLER FIRM
By: By:
(Authorized Representative) (Authorized Representative)
Date: Date:
CBA Text Disclaimer: Text deleted by licensee indicated by strike.
New text inserted by licensee indicated by small capital letters.
DocuSign Envelope ID: 54C863B3-EF89-43F5-A3E5-6258617076C2
8/18/2021 8/18/2021
Exhibit A
Page 120 of 145
AGENDA REPORT
FOR: City Council October 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 10/18/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Resolution - Sale of Property on Road 40 East (Parcel No. 112-540-019)
I. REFERENCE(S):
Proposed Resolution
Purchase and Sale Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _______, approving the sale of
certain real property on Road 40 East.
III. FISCAL IMPACT:
Offer for Purchase $3,300,000.00
Net Proceeds to City $3,126,065.00
IV. HISTORY AND FACTS BRIEF:
Over the past year, in association with increased industrial interest for land in
Pasco, the City has received a number of inquiries for the aforementioned
property. In order to obtain the highest price for the property, the City listed the
property for sale and provided a deadline of Monday, September 20, 2021 as a
deadline date for offers to be submitted. The City received two (2) offers for
purchase of this property, both for $2.8million.
After tentative acceptance of one of the offers, an agreement c ould not be
reached. Due to immense interest in the property, one of the parties, Tarragon
Properties, LLC increased their purchase offer to $3.3 million for the site. The
City, after discussion with Council on October 11, 2021, has accepted the offer
for purchase from Tarragon Properties, LLC.
Page 121 of 145
V. DISCUSSION:
Staff recommends approval of the proposed Resolution and Purchase and Sale
agreement attached thereto.
Page 122 of 145
Resolution – Sale Road 40 Property - 1
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE SALE OF CERTAIN REAL PROPERTY ON ROAD 40
EAST.
WHEREAS, the Pasco City Council authorized the listing for sale of 40.3 acre property
along Road 40 East, more formally known as Parcel No. 112-540-019, subject to final approval of the
City Council and in accordance with the recommendations of the City’s Real Estate Broker; and
WHEREAS, the Pasco City Council previously negotiated a listing agreement after an
RFQ process and has previously authorized, by Resolution No. _________, the sale of surplus
property through its listing agent pursuant to Pasco Municipal Code Chapter 2.120; and
WHEREAS, the City has approved a purchase offer on the property which has been
recommended for approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
SECTION 1. That the proposed purchase price of $3,300,000 by Tarragon Properties, LLC
is at the City’s asking price, as determined by the listing agent’s market analysis, and has been
determined to be acceptable to the City, and is fully accepted.
SECTION 2. That the City Manager is hereby authorized to complete the sale transaction
as outlined in the attached Purchase and Sale Agreement as Exhibit “A”.
PASSED by the City Council of the City of Pasco this _____ day of _____________, 2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 123 of 145
Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 7/2020
Page |1 16
SPECIFIC TERMS
Reference Date: October 6, 2021
Offer Expiration Date: October 13, 2021 5:00pm
1.PROPERTY: The Property is legally described on Exhibit A. Address: tbd S Road 40 E City of
Pasco, Franklin County, Washington. Tax Parcel No(s): 112.540.019
2. Included Personal Property: X None; If on and used in connection with the Property, per
Section 25 (None, if not completed).
3.BUYER(S): Tarragon LLC &/or Assigns
4.SELLER(S): City of Pasco
5.PURCHASE PRICE: $ 3,300,000
Payable as: X Cash; Financing (Form PS_FIN attached); Other
6.EARNEST MONEY: $ 50,000 Dollars; Held by Closing Agent
Form of Earnest Money: X Check; Wire Transfer; Note; Other
Earnest Money Due Date: X 5 days after Mutual Acceptance; days after satisfaction
of Feasibility Contingency; or
7.FEASIBILITY CONTINGENCY DATE: 90 days after Mutual Acceptance
8.CLOSING DATE: on or before Feb. 16, 2022
9.CLOSING AGENT: Ticor Title | Patty Sweetwood
10.TITLE INSURANCE COMPANY: Ticor Title
11. DEED: X Statutory Warranty Deed; or Bargain and Sale Deed
12.POSSESSION: X on closing; Other:
13. SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for the purposes of US
income taxation.
14. BUYER’S DEFAULT: X Forfeiture of Earnest Money; Seller’s Election of Remedies
15. SELLER’S DEFAULT: X Recover Earnest Money or Specific Enforcement; Buyer’s Election of
Remedies
16. UNPAID UTILITIES: Buyer and Seller Don Not Waive (Form UA attached); X Waive
17. AGENCY DISCLOSURE: Selling Broker represents: X Buyer; Seller; both parties
Listing Broker represents: Seller; both parties
18.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this
Agreement:
Earnest Money Promissory Note Back-Up Addendum
Buyer Date Buyer Date
Seller Date Seller Date
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Commercial & Investment Real Estate
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Commercial Brokers Association
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Rev. 7/2020
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Blank Promissory Note Vacant Land Addendum
Blank Short Form Deed of Trust Financing Addendum
Blank Deed of Trust Rider Tenant Estoppel Certificate(s)
X Utility Charges Addendum Defeasance Addendum
FIRPTA Certification Lead-Based Paint Disclosure
Assignment and Assumption X Exhibit A: Legal Description
Addendum/Amendment X Exhibit B: Additional Terms
19. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties
involved in this Agreement:
Seller Buyer
Contact: Zach Ratkai Contact: Drew Davis
Address: 523 N. 3rd Ave. Address: 5 W. Alder St., Ste. 400
Pasco, WA 99301 Walla Walla, WA 99362
Phone: 509.537.2078 Phone: 707.322.8509
Email: ratkaiz@pasco-wa.gov Email: ddavis@tarragon.com
Listing Firm Selling Firm
Name: SVN | Retter & Company Name: NONE
Listing Broker: Rob Ellsworth Selling Broker:
Address: 329 N. Kellogg St. Address:
Kennewick, WA 99336
Phone: 509.430.2378 Phone:
Email: Rob@RobEllsworth.com Email:
Firm Lic. #: 20279 Firm Lic. #:
Broker Lic. #: 17790 Broker Lic. #:
Copy of Notices to Buyer to: Copy of Notices to Seller to:
Name: Name: Legal Dept.
Company: Company: Investco
Address: Address: 1302 Puyallup St. Ste. A
Sumner, WA 98390
Phone: Phone:
Email: Email:
20. Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate
identified in Section 1 as the Property and all improvements thereon. Unless expressly provided
otherwise in this Agreement or its Addenda, the Property shall include (i) all of Seller’s rights,
title and interest in the Property, (ii) all easements and rights appurtenant to the Property, (iii)
all buildings, fixtures, and improvements on the Property, (iv) all unexpired leases and
subleases; and (v) all included personal property.
21. Acceptance; Counteroffers. If this offer is not timely accepted, it shall lapse and the earnest
money shall be refunded to Buyer. If either party makes a future counteroffer, the other party
shall have until 5:00 p.m. on the day (if not filled in, the second day) following receipt to
accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or
countered, this Agreement shall lapse and the earnest money shall be refunded to Buyer. No
acceptance, offer or counteroffer from Buyer is effective until a signed copy is received by
Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or
counteroffer from Seller is effective until a signed copy is received by Buyer, the Selling Broker
Buyer Date Buyer Date
Seller Date Seller Date
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Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
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or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last
counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by
the offeror, his or her broker, or the licensed office of the broker. If any party is not represented
by a broker, then notices must be delivered to that party and shall be effective when received
by that party.
22. Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to
Closing Agent as necessary. Selling Firm shall deposit any check to be held by Selling Firm
within 3 days after receipt or Mutual Acceptance, whichever occurs later. If the Earnest Money
is to be held by Selling Firm and is over $10,000, it shall be deposited to: the Selling Firm's
pooled trust account (with interest paid to the State Treasurer); or a separate interest
bearing trust account in Selling Firm's name, provided that Buyer completes an IRS Form W-9
(if not completed, separate interest bearing trust account). The interest, if any, shall be credited
at closing to Buyer. If this sale fails to close, whoever is entitled to the Earnest Money is
entitled to interest. Unless otherwise provided in this Agreement, the Earnest Money shall be
applicable to the Purchase Price.
23. Title Insurance.
a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing
Agent, at Seller’s expense, to apply for and deliver to Buyer a standard coverage owner’s
policy of title insurance from the Title Insurance Company. Buyer shall have the discretion to
apply for an extended coverage owner’s policy of title insurance and any endorsements,
provided that Buyer shall pay the increased costs associated with an extended policy
including the excess premium over that charged for a standard coverage policy, the cost of
any endorsements requested by Buyer, and the cost of any survey required by the title
insurer. If Seller previously received a preliminary commitment from a title insurer that Buyer
declines to use, Buyer shall pay any cancellation fee owing to the original title insurer.
Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the
event such a fee is assessed.
b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title
report or any supplemental report within the earlier of: (a) days (20 days if not completed)
after receipt of the preliminary commitment for title insurance; or (b) the Feasibility
Contingency Date. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of
Buyer’s notice of such objections Seller shall give notice, in writing, of its intent to remove all
objectionable provisions before Closing. If Seller fails to give timely notice that it will clear all
disapproved objections, this Agreement shall automatically terminate and Buyer shall receive
a refund of the earnest money, less any costs advanced or committed for Buyer, unless Buyer
notifies Seller within three (3) days that Buyer waives any objections which Seller does not
agree to remove. If any new title matters are disclosed in a supplemental title report, then the
preceding termination, objection and waiver provisions shall apply to the new title matters
except that Buyer’s notice of objections must be delivered within three (3) days of receipt of
the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered
within two (2) days of Buyer’s notice of objections. The Closing Date shall be extended to the
extent necessary to permit time for these notices. Buyer shall not be required to object to any
mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same
shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing
any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for
the foregoing, those provisions not objected to or for which Buyer waived its objections shall
be referred to collectively as the “Permitted Exceptions.” Seller shall reasonably cooperate
with Buyer and the title company to clear objectionable title matters and shall provide an
affidavit containing the information and reasonable covenants requested by the title
company. The title policy shall contain no exceptions other than the General Exclusions and
Exceptions common to such form of policy and the Permitted Exceptions.
Buyer Date Buyer Date
Seller Date Seller Date
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Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 7/2020
Page |4 16
c. Title Policy. At Closing, Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title
Insurance with standard or extended coverage (as specified by Buyer) dated as of the Closing
Date in the amount of the Purchase Price, insuring that fee simple title to the Property is
vested in Buyer, subject only to the Permitted Exceptions (“Title Policy”), provided that Buyer
acknowledges that obtaining extended coverage may be conditioned on the Title Company’s
receipt of a satisfactory survey paid for by Buyer. If Buyer elects extended coverage, then
Seller shall execute and deliver to the Title Company on or before Closing the such affidavits
and other documents as the Title Company reasonably and customarily requires to issue
extended coverage.
24. Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon
Buyer's satisfaction, in Buyer’s sole discretion, concerning all aspects of the Property, including
its physical condition; the presence of or absence of any hazardous substances; the contracts
and leases affecting the Property; the potential financial performance of the Property; the
availability of government permits and approvals; and the feasibility of the Property for Buyer's
intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller
before 5:00pm on the Feasibility Contingency Date. If such notice is timely given, the feasibility
contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and
waived any objection regarding any aspects of the Property as they exist on the Feasibility
Contingency Date.
a. Books, Records, Leases, Agreements. Within 3 days (3 days if not filled in) Seller shall
deliver to Buyer or post in an online database maintained by Seller or Listing Broker, to which
Buyer has been given unlimited access, true, correct and complete copies of all documents in
Seller’s possession or control relating to the ownership, operation, renovation or development
of the Property, excluding appraisals or other statements of value, and including the
following: statements for real estate taxes, assessments, and utilities for the last three years
and year to date; property management agreements and any other agreements with
professionals or consultants; leases or other agreements relating to occupancy of all or a
portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents,
deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies;
maintenance records, accounting records and audit reports for the last three years and year
to date; any existing environmental reports; any existing surveys; any existing inspection
reports; and “Vendor Contracts” which shall include maintenance or service contracts, and
installments purchase contracts or leases of personal property or fixtures used in connection
with the Property. Buyer shall determine by the Feasibility Contingency Date: (i) whether Seller
will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree
to pay any damages or penalties resulting from the termination of objectionable Vendor
Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance
of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be
solely responsible for obtaining any required consents to such assumption and the payment
of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such
consents but shall not be required to incur any out-of-pocket expenses or liability in doing so.
Any information provided or to be provided by Seller with respect to the Property is solely for
Buyer’s convenience and Seller has not made any independent investigation or verification of
such information (other than that the documents are true, correct, and complete, as stated
above) and makes no representations as to the accuracy or completeness of such
information, except to the extent expressly provided otherwise in this Agreement. Seller shall
transfer the Vendor Contracts as provided in Section 25.
b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk, to enter
the Property at reasonable times subject to the rights of and after legal notice to tenants, to
conduct inspections concerning the Property, including without limitation, the structural
condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive
areas, wetlands, or other matters affecting the feasibility of the Property for Buyer’s intended
Buyer Date Buyer Date
Seller Date Seller Date
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Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 7/2020
Page |5 16
use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply
with Seller's reasonable requirements including those relating to security, confidentiality, and
disruption of Seller's tenants. Prior to entering the Property and while conducting any
inspections, Buyer shall, at no cost or expense to Seller: (a) procure and maintain commercial
general liability (occurrence) insurance in an amount no less than $2,000,000 on
commercially reasonable terms adequate to insure against all liability arising out of any entry
onto or inspections of the Property that lists Seller and Tenant as additional insureds; and (b)
deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any
applicable agents or representatives evidencing such required insurance. Buyer shall not
perform any invasive testing including environmental inspections beyond a phase I
assessment or contact the tenants or property management personnel without obtaining
Seller's prior written consent, which shall not be unreasonably withheld, conditioned or
delayed. Buyer shall restore the Property and all improvements to substantially the same
condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its
inspections and feasibility analysis and has no authority to bind the Property for purposes of
statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and
expenses, including attorneys' and experts' fees, arising from or relating to entry onto or
inspection of the Property by Buyer and its agents, which obligation shall survive closing.
Buyer may continue to enter the Property in accordance with the foregoing terms and
conditions after removal or satisfaction of the Feasibility Contingency only for the purpose of
leasing or to satisfy conditions of financing.
c. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure
statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this Agreement
pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form
17, and if the answer to any of the questions in the section of the Form 17 entitled
“Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental”
section of the Form 17 which shall be provided by Seller.
25. Conveyance. Title shall be conveyed subject only to the Permitted Exceptions. If this
Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract, the deed
shall include a contract vendee’s assignment sufficient to convey after-acquired title. At
Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS
Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed
by Buyer pursuant to Section 25(b) and all intangible property transferred pursuant to Section
25(b).
26. Personal Property.
a. If this sale includes the personal property located on and used in connection with the
Property, Seller will itemize such personal property in an Exhibit to be attached to this
Agreement within ten (10) days of Mutual Acceptance. The value assigned to any personal
property shall be $ (if not completed, the County-assessed value if available, and if not
available, the fair market value determined by an appraiser selected by the Listing Broker and
Selling Broker). Seller warrants title to, but not the condition of, the personal property and
shall convey it by bill of sale.
b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24
above, this sale includes all right, title and interest of Seller to the following intangible
property now or hereafter existing with respect to the Property including without limitation:
all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway,
street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining
the Property; all rights to utilities serving the Property; all drawings, plans, specifications and
other architectural or engineering work product; all governmental permits, certificates,
licenses, authorizations and approvals; all rights, claims, causes of action, and warranties
under contracts with contractors, engineers, architects, consultants or other parties
Buyer Date Buyer Date
Seller Date Seller Date
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Page |6 16
associated with the Property; all utility, security and other deposits and reserve accounts
made as security for the fulfillment of any of Seller's obligations; any name of or telephone
numbers for the Property and related trademarks, service marks or trade dress; and
guaranties, warranties or other assurances of performance received.
27. Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing, Seller
shall be responsible for confirming the existing underlying financing is not subject to any "lock
out" or similar covenant which would prevent the lender's lien from being released at closing.
In addition, Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is
required to substitute securities for the Property as collateral for the underlying financing
(known as “defeasance”). If Seller provides this notice of defeasance to Buyer, then the parties
shall close the transaction in accordance with the process described in CBA Form PS_D or any
different process identified in Seller’s defeasance notice to Buyer.
28. Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the
scheduled Closing Date all instruments and monies required to complete the purchase in
accordance with this Agreement. Upon receipt of such instruments and monies, Closing Agent
shall cause the deed to be recorded and shall pay to Seller, in immediately available funds, the
Purchase Price less any costs or other amounts to be paid by Seller at Closing. “Closing” shall
be deemed to have occurred when the deed is recorded and the sale proceeds are available to
Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be
considered available to Seller, even if they cannot be disbursed to Seller until the next business
day after Closing. Notwithstanding the foregoing, if Seller informed Buyer before the Feasibility
Contingency Date that Seller’s underlying financing requires that it be defeased and may not
be paid off, then Closing shall be conducted in accordance with the three(3)-day closing
process described in CBA Form PS_D. This Agreement is intended to constitute escrow
instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions
requested by Closing Agent provided the same are consistent with this Agreement.
29. Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not
later than two (2) days before the scheduled Closing Date in the form required by Section 23(a)
and any other information reasonably requested by Closing Agent to allow Closing Agent to
prepare a settlement statement for Closing. Seller certifies that the information contained in
the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's
standard coverage title policy. Buyer shall pay the excess premium attributable to any
extended coverage or endorsements requested by Buyer, and the cost of any survey required
in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any
real estate excise taxes shall be paid by the party who bears primary responsibility for
payment under the applicable statute or code. Real and personal property taxes and
assessments payable in the year of closing; collected rents on any existing tenancies;
expenses already incurred by Seller that relate to services to be provided to the Property after
the Closing Date; interest; utilities; and other operating expenses shall be pro- rated as of
Closing. Seller will be charged and credited for the amounts of all of the pro-rated items
relating to the period up to and including 11:59 pm Pacific Time on the day preceding the
Closing Date, and Buyer will be charged and credited for all of the pro-rated items relating to
the period on and after the Closing Date. If tenants pay any of the foregoing expenses directly,
then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller
at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed
financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of
financing including the premium for the lender's title policy. If the Property was taxed under a
deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties,
deferred taxes or similar items which result from removal of the Property from the deferred
classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or
delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall
Buyer Date Buyer Date
Seller Date Seller Date
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pay any sales or use tax applicable to the transfer of personal property included in the sale.
30. Post-Closing Adjustments, Collections, and Payments. After Closing, Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the
extent those items were prorated or credited at Closing based upon estimates. Any bills or
invoices received by Buyer after Closing which relate to services rendered or goods delivered
to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such
bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the
amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the
date of Buyer's written demand to Seller for reimbursement until such reimbursement is made.
Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to
a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be
entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents
collected from each tenant after Closing shall be applied first to rentals due most recently from
such tenant for the period after closing, and the balance shall be applied for the benefit of
Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the
benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be
entitled to pursue any lawful methods of collection of delinquent rents but shall have no right
to evict tenants after Closing. Any adjustment shall be made, if any, within 180 days of the
Closing Date, and if a party fails to request an adjustment by notice delivered to the other
party within the applicable period set forth above (such notice to specify in reasonable detail
the items within the Closing Statement that such party desires to adjust and the reasons for
such adjustment), then the allocations and prorations at Closing shall be binding and
conclusive against such party.
31. Operations Prior to Closing. Prior to Closing, Seller shall continue to operate the Property in
the ordinary course of its business and maintain the Property in the same or better condition
than as existing on the date of Mutual Acceptance but shall not be required to repair material
damage from casualty except as otherwise provided in this Agreement. After the Feasibility
Contingency Date, Seller shall not enter into or modify existing rental agreements or leases
(except that Seller may enter into, modify, extend, renew or terminate residential rental
agreements or residential leases for periods of 12 months or less in the ordinary course of its
business), service contracts, or other agreements affecting the Property which have terms
extending beyond Closing without obtaining Buyer's consent, which shall not be withheld
unreasonably.
32. Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before
the Feasibility Contingency Date.
33. Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction
or waiver of the Feasibility Contingency, including in the books, records and documents made
available to Buyer, or in the title report or any supplemental report or documents referenced
therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the
following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to
sell the Property, and to perform its obligations under the Agreement, and no further consent,
waiver, approval or authorization is required from any person or entity to execute and perform
under this Agreement; (b) The books, records, leases, agreements and other items delivered to
Buyer pursuant to this Agreement comprise all material documents in Seller's possession or
control regarding the operation and condition of the Property, are true, accurate and complete
to the best of Seller’s knowledge, and no other contracts or agreements exist that will be
binding on Buyer after Closing; (c) Seller has not received any written notices that the Property
or any business conducted thereon violate any applicable laws, regulations, codes and
ordinances; (d) Seller has all certificates of occupancy, permits, and other governmental
consents necessary to own and operate the Property for its current use; (e) There is no
Buyer Date Buyer Date
Seller Date Seller Date
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pending or threatened litigation which would adversely affect the Property or Buyer's
ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar
proceedings affecting the Property, and the Property is not within the boundaries of any
planned or authorized local improvement district; (g) Seller has paid (except to the extent
prorated at Closing) all local, state and federal taxes (other than real and personal property
taxes and assessments described in Section 28 above) attributable to the period prior to
closing which, if not paid, could constitute a lien on Property (including any personal property),
or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed
material defects in the Property except as disclosed to Buyer before the Feasibility
Contingency Date; (i) There are no Hazardous Substances (as defined below) currently located
in, on, or under the Property in a manner or quantity that presently violates any Environmental
Law (as defined below); there are no underground storage tanks located on the Property; and
there is no pending or threatened investigation or remedial action by any governmental
agency regarding the release of Hazardous Substances or the violation of Environmental Law
at the Property; (j) Seller has not granted any options nor obligated itself in any matter
whatsoever to sell the Property or any portion thereof to any party other than Buyer; and (k)
Neither Seller nor any of its respective partners, members, shareholders or other equity
owners, is a person or entity with whom U.S. persons or entities are restricted from doing
business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department
of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons
List) or under any statute or executive order; and (l) the individual signing this Agreement on
behalf of Seller represents and warrants to Buyer that he or she has the authority to act on
behalf of and bind Seller. As used herein, the term "Hazardous Substances" shall mean any
substance or material now or hereafter defined or regulated as a hazardous substance,
hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local
law, regulation, or ordinance governing any substance that could cause actual or suspected
harm to human health or the environment ("Environmental Law"). The term "Hazardous
Substances" specifically includes, but is not limited to, petroleum, petroleum by-products, and
asbestos.
If prior to Closing Seller or Buyer discovers any information which would cause any of the
representations above to be false if the representations were deemed made as of the date of
such discovery, then the party discovering the information shall promptly notify the other party
in writing and Buyer, as its sole remedy, may elect to terminate this Agreement by giving Seller
notice of such termination within five (5) days after Buyer first received actual notice (with the
Closing Date extended to accommodate such five (5) day period), and in such event, the
Earnest Money Deposit shall be returned to Buyer. Buyer shall give notice of termination within
five (5) days of discovering or receiving written notice of the new information. Nothing in this
paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual
knowledge of the newly discovered information such that a representation provided for above
was false.
34. As-Is. Except for the express representations and warranties in this Agreement, (a) Seller
makes no representations or warranties regarding the Property; (b) Seller hereby disclaims,
and Buyer hereby waives, any and all representations or warranties of any kind, express or
implied, concerning the Property or any portion thereof, as to its condition, value, compliance
with laws, status of permits or approvals, existence or absence of hazardous material on site,
suitability for Buyer’s intended use, occupancy rate or any other matter of similar or dissimilar
nature relating in any way to the Property, including the warranties of fitness for a particular
purpose, tenantability, habitability and use; (c) Buyer takes the Property “AS IS” and with all
faults; and (d) Buyer represents and warrants to Seller that Buyer has sufficient experience
and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections
and investigations.
Buyer Date Buyer Date
Seller Date Seller Date
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35. Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the
Agreement; to buy the Property; to perform its obligations under the Agreement; and that
neither the execution and delivery of this Agreement nor the consummation of the transaction
contemplated hereby will: (a) conflict with or result in a breach of any law, regulation, writ,
injunction or decree of any court or governmental instrumentality applicable to Buyer; or (b)
constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound.
The individual signing this Agreement on behalf of Buyer represents that he or she has the
authority to act on behalf of and bind Buyer.
36. Claims. Any claim or cause of action with respect to a breach of the representations and
warranties set forth herein shall survive for a period of nine (9) months from the Closing Date,
at which time such representations and warranties (and any cause of action resulting from a
breach thereof not then in litigation, including indemnification claims) shall terminate.
Notwithstanding anything to the contrary in this Agreement: (a) Buyer shall not make a claim
against Seller for damages for breach or default of any representation or warranty, unless the
amount of such claim is reasonably anticipated to exceed $25,000; and (b) under no
circumstances shall Seller be liable to Buyer on account of any breach of any representation or
warranty in the aggregate in excess of the amount equal to $250,000, except in the event of
Seller’s fraud or intentional misrepresentation with respect to any representation or warranty
regarding the environmental condition of the Property, in which case Buyer’s damages shall be
unlimited.
37. Condemnation and Casualty. Seller bears all risk of loss until Closing, and thereafter Buyer
bears all risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest
money if improvements on the Property are materially damaged or if condemnation
proceedings are commenced against all or a portion of the Property before Closing, to be
exercised by notice to Seller within ten (10) days after Seller’s notice to Buyer of the occurrence
of the damage or condemnation proceedings. Damage will be considered material if the cost of
repair exceeds the lesser of $100,000 or five percent (5%) of the Purchase Price. Alternatively,
Buyer may elect to proceed with closing, in which case, at Closing, Seller shall not be obligated
to repair any damage, and shall assign to Buyer all claims and right to proceeds under any
property insurance policy and shall credit to Buyer at Closing the amount of any deductible
provided for in the policy.
38. FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA
or NWMLS Form 22E, or equivalent) that Seller is not a “foreign person” within the meaning of
the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If
Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing
Agent is instructed to withhold and pay the required amount to the Internal Revenue Service.
39. Notices. Unless otherwise specified, any notice required or permitted in, or related to, this
Agreement (including revocations of offers and counteroffers) must be in writing. Notices to
Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker
with a courtesy copy to any other party identified as a recipient of notices in Section 18. A
notice to Seller shall be deemed delivered only when received by Seller and Listing Broker, or
the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and
must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other
party identified as a recipient of notices in Section 18. A notice to Buyer shall be deemed
delivered only when received by Buyer and Selling Broker, or the licensed office of Selling
Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of
receipt of a notice beyond either phoning the represented party or causing a copy of the notice
to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep
Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt
notification of receipt of a notice. If any party is not represented by a licensee, then notices
Buyer Date Buyer Date
Seller Date Seller Date
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must be delivered to and shall be effective when received by that party at the address, fax
number, or email indicated in Section 18. Facsimile transmission of any notice or document
shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such
notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling Broker
and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on
page two of this Agreement; or (ii) Selling Broker or Listing Broker provide written
acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute
written acknowledgment). At the request of either party, or the Closing Agent, the parties will
confirm facsimile or e-mail transmitted signatures by signing an original document.
40. Computation of Time. Unless otherwise specified in this Agreement, any period of time in this
Agreement shall mean Pacific Time and shall begin the day after the event starting the period
and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the
last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the
specified period of time shall expire on the next day that is not a Saturday, Sunday or legal
holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or
legal holidays. Notwithstanding the foregoing, references to specific dates or times or number
of hours shall mean those dates, times or number of hours; provided, however, that if the
Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date
when the county recording office is closed, then the Closing Date shall be the next regular
business day. If the parties agree upon and attach a legal description after this Agreement is
signed by the offeree and delivered to the offeror, then for the purposes of computing time,
mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or
counteroffer to the offeror, rather than on the date the legal description is attached.
41. Assignment. Buyer’s rights and obligations under this Agreement are not assignable without
the prior written consent of Seller, which shall not be withheld unreasonably; provided,
however, Buyer may assign this Agreement without the consent of Seller, but with notice to
Seller, to any entity under common control and ownership of Buyer, provided no such
assignment shall relieve Buyer of its obligations hereunder. If the words "and/or assigns" or
similar words are used to identify Buyer in Section 2, then this Agreement may be assigned
with notice to Seller but without need for Seller's consent. The party identified as the initial
Buyer shall remain responsible for those obligations of Buyer stated in this Agreement
notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion
of the purchase price, then the party identified as the initial Buyer shall guarantee payment of
Seller financing.
42. Default and Attorneys’ Fees.
a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of
the Property, then the applicable provision as identified in Section 13 shall apply:
i. Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that
portion of the earnest money that does not exceed five percent (5%) of the Purchase
Price as liquidated damages as the sole and exclusive remedy available to Seller for such
failure.
ii. Seller’s Election of Remedies. Seller may, at its option, (a) terminate this Agreement
and keep that portion of the earnest money that does not exceed five percent (5%) of the
Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller
for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to
specifically enforce this Agreement and recover any incidental damages, or (d) pursue any
other rights or remedies available at law or equity.
b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the
Property, then the applicable provision as identified in Section 14 shall apply:
Buyer Date Buyer Date
Seller Date Seller Date
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i. Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy, Buyer may
either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer
whether or not the same are identified as refundable or applicable to the purchase price;
or (b) bring suit to specifically enforce this Agreement and recover incidental damages,
provided, however, Buyer must file suit within sixty (60) days from the Closing Date or
from the date Seller has provided notice to Buyer that Seller will not proceed with closing,
whichever is earlier.
ii. Buyer’s Election of Remedies. Buyer may, at its option, (a) bring suit against Seller for
Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover
any incidental damages, or (c) pursue any other rights or remedies available at law or
equity.
c. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer
or Seller institutes suit against the other concerning this Agreement, the prevailing party is
entitled to reasonable attorneys' fees and costs. In the event of trial, the amount of the
attorneys’ fees shall be fixed by the court. The venue of any suit shall be the county in which
the Property is located, and this Agreement shall be governed by the laws of the State of
Washington without regard to its principles of conflicts of laws.
43. MiscellaneousProvisions.
a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the
entire understanding of Buyer and Seller regarding the sale of the Property. There are no
verbal or other written agreements which modify or affect the Agreement, and no
modification of this Agreement shall be effective unless agreed in writing and signed by the
parties.
b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed
counterpart shall be deemed an original, and all counterparts together shall constitute one
and the same agreement.
c. Electronic Delivery and Signatures. Electronic delivery of documents (e.g., transmission by
facsimile or email) including signed offers or counteroffers and notices shall be legally
sufficient to bind the party the same as delivery of an original. At the request of either party,
or the Closing Agent, the parties will replace electronically delivered offers or counteroffers
with original documents. The parties acknowledge that a signature in electronic form has the
same legal effect as a handwritten signature.
d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be
a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the
completion of the like- kind exchange so long as the cooperating party incurs no additional
liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred
by the cooperating party that are related only to the exchange are paid or reimbursed to the
cooperating party at or prior to Closing. Notwithstanding this provision, no party shall be
obligated to extend closing as part of its agreement to facilitate completion of a like-kind
exchanged. In addition, notwithstanding Section 40 above, any party completing a Section
1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity
set up for the purposes of completing a reverse exchange.
44. Information Transfer. In the event this Agreement is terminated, Buyer agrees to deliver to
Seller within ten (10) days of Seller's written request copies of all materials received from Seller
and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings,
permits, applications or other development work product relating to the Property in Buyer's
possession or control as of the date this Agreement is terminated.
Buyer Date Buyer Date
Seller Date Seller Date
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45. Confidentiality. Until and unless closing has been consummated, Buyer and Seller shall follow
reasonable measures to prevent unnecessary disclosure of information obtained in connection
with the negotiation and performance of this Agreement. Neither party shall use or knowingly
permit the use of any such information in any manner detrimental to the other party.
46. Agency Disclosure. Selling Firm, Selling Firm’s Designated Broker, Selling Broker’s Branch
Manager (if any) and Selling Broker’s Managing Broker (if any) represent the same party that
Selling Broker represents. Listing Firm, Listing Firm’s Designated Broker, Listing Broker’s
Branch Manager (if any), and Listing Broker’s Managing Broker (if any) represent the same
party that the Listing Broker represents. If Selling Broker and Listing Broker are different
persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the
Brokers’ Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing
both parties as a dual agent. If Selling Broker and Listing Broker are the same person
representing both parties, then both Buyer and Seller confirm their consent to that person and
his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing
both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled “The Law
of Real Estate Agency.”
47. Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the
terms and conditions herein, and further agrees to pay a commission in a total amount
computed in accordance with the listing or commission agreement. If there is no written listing
or commission agreement, Seller agrees to pay a commission of 5 % of the sales price or
$ . The commission shall be apportioned between Listing Firm and Selling Firm as specified
in the listing or any co-brokerage agreement. If there is no listing or written co-brokerage
agreement, then Listing Firm shall pay to Selling Firm a commission of % of the sales price or
$ . Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to
the commission. If the earnest money is retained as liquidated damages, any costs advanced
or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid
therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Firm and
Selling Firm according to the listing agreement and any co-brokerage agreement. Seller and
Buyer hereby consent to Listing Firm and Selling Firm receiving compensation from more than
one party and irrevocably instruct the Closing Agent to disburse the commission(s) directly to
the Firm(s). In any action by Listing Firm or Selling Firm to enforce this Section, the prevailing
party is entitled to reasonable attorneys' fees and expenses. Neither Listing Firm nor Selling
Firm are receiving compensation from more than one party to this transaction unless disclosed
on an attached addendum, in which case Buyer and Seller consent to such compensation. The
Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 44
above, the pages containing this Section, the parties' signatures and an attachment describing
the Property may be recorded.
48.Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING
TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE
ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION
CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL
STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE
CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR
BUYER’S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING
WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH
APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS),
OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND
BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE
DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT
LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT.
Buyer Date Buyer Date
Seller Date Seller Date
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IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound.
Buyer Tarragon LLC Seller City of Pasco
Printed Name and Type of Entity Printed Name and Type of Entity
Buyer Seller
Signature and Title Signature and Title
Date Date
Buyer Seller
Printed Name and Type of Entity Printed Name and Type of Entity
Buyer Seller
Signature and Title Signature and Title
Date Date
Buyer Date Buyer Date
Seller Date Seller Date
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EXHIBIT A *
[Legal Description]
N2N2SW 34-9-3 AKA: PTN SW4 34-9-30 FORMERLY BLKS 1 & 2 & BLKS 5 THRU 8 &
BLKS 10 THRU 18 OF HANDY'S ADD AND PTN SW4 FORMALLY LOTS 10, 11, & 12, BLK 10
& PTN LOTS 1, 2, 3 BLK 15 GANTENBEINS ADDN TO AINSWORTH
*To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary
commitment for title insurance or a copy of the Property’s last vesting deed for this page. Do not neglect to label the
substitution “Exhibit A.” You should avoid transcribing the legal description because any error in transcription may
render the legal description inaccurate and this Agreement unenforceable.
Buyer Date Buyer Date
Seller Date Seller Date
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EXHIBIT B
[Additional Terms]
1.Offer acceptance is subject to final approval of all terms by Pasco City Council.
2.Purchaser may elect to extend the Feasibility Contingency Period for one (1) period of thirty
(30) days, upon payment of an extension fee. Extension fee shall be in the amount of $10,000.
Extension fees shall be non-refundable in the event of Purchaser default but applicable to
purchase price.
3.This Property is being sold to Purchaser in anticipation of the development of an industrial
development/building(s).
4.The Purchaser acknowledges that the purchase price and consideration given by City are
related to the City's goals of economic development and lost opportunities for development
would arise if Purchaser fails to begin construction of the anticipated development.
5.Unless the failure to commence construction is related to the items identified in Warranties
Section, below, if the Purchaser fails to submit an application to City for approval of a site plan
and building plans for the development of an industrial building, within thirty-six (36) months
of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does not
initiate construction within sixty (60) months of Closing, City reserves the right to reclaim title
to this Property. City acknowledges and agrees that Purchaser shall be deemed to satisfy its
obligation with respect to City’s right to reclaim the property, if purchaser submits a site plan
or commences construction on any portion of the Property within the time periods described
herein. The City shall reclaim this Property by refunding 90% of the original Purchase Price as
determined on the final closing statement. The City will not assume any liability for expenses
incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to
the City within one hundred twenty (120) days of receipt of written notification of City's
election to reclaim the Property. This reversionary right is exclusive to the City and shall be
exercised at the sole discretion of the City. The parties shall negotiate the precise terms of the
reversionary right during the feasibility period.
6.This reversionary right survives sixty (60) months after closing or until such time as building
commences, whichever is earlier. The City shall be under no obligation to exercise this
reversionary right. This reversionary right shall be recorded on title in a separate document at
the closing of the Property and shall automatically lapse upon expiration of the time periods
herein. The City shall execute such further documents as Purchaser shall request to release
same.
Warranties; Indemnity. City makes the following representations and warranties, which shall be
deemed remade as of the closing date:
1.The Property and improvements are not in violation of any applicable covenant, condition or
restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including,
without limitation, any building, private restriction, zoning or environmental restriction.
2.Other than the obligations of record, there are no obligations in connection with the Property,
which will be binding upon Purchaser after closing other than liability for the payment of real
estate taxes and utility charges.
3.There are no claims, actions, suits or governmental investigations or proceedings existing or,
to the best of City's knowledge, threatened against or involving City or the Property (including,
without limitation, any condemnation or eminent domain proceeding or matter related to the
formation of or assessment by a local improvement district) and City has received no written
notice thereof.
4.All insurance policies now maintained on the Property will be kept in effect, up to and
including the closing. City has received no notice from any insurance company or rating
organization of any defects in the condition of the Property or of the existence of conditions
which would prevent the continuation of existing coverage or would increase the present rate
of premium.
5.There are no leases affecting the Property.
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: A184BDB6-E2C9-4FEC-A0E1-0F975193EB0B
10/8/2021
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Commercial & Investment Real Estate
Purchase & Sale Agreement
Commercial Brokers Association
ALL RIGHTS RESERVED
CBA Form PS-1A | Purchase & Sale Agreement
Rev. 7/2020
Page |16 16
6.All such representations and warranties shall be reaffirmed by City as true and correct as of
the Closing Date and shall survive the Closing for a period of two (2) years.
If, prior to closing, City becomes aware of any fact or circumstance which would change a
representation or warranty, then City will immediately give notice of such changed fact or
circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder.
Buyer Date Buyer Date
Seller Date Seller Date
DocuSign Envelope ID: A184BDB6-E2C9-4FEC-A0E1-0F975193EB0B
10/8/2021
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
• Using Community Development Block Grant (CDBG) and other public and private capital to
revitalize older neighborhoods and safe routes to essential services.
• Continuing efforts toward designing, siting, programming needs, and site selection for a
community center and pursuing acquisition of land for future community park.
• Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional
soccer and sports fields.
• Coordinating with the Pasco Public Facilities District to develop a public education campaign,
financial analysis and prepare a ballot measure concerning the development of a regional aquatic
facility for consideration by the people.
• Completing construction of a new animal control facility.
• Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public facilities.
• Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to
enhance engagement efforts and organizational cultural competency.
• Updating design standards for the development of new neighborhoods and re-development to
promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics,
sustainability, and community gathering spaces.
• Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs
assessment, level of service, and centers evaluation.
• Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies
that emphasize affordable housing.
FINANCIAL SUSTAINABILITY
Enhance the long-term financial viability, value, and service levels of services and programs, including:
• Regular evaluation of services and programs to confirm importance to community, adequacy, and
cost-benefit.
• Continuation of cost of service and recovery targets in evaluating City services.
• Ongoing evaluation of costs, processes and performance associated with delivery of City services
including customer feedback and satisfaction, staffing, facilities, and partnership opportunities.
• Instilling and promoting an organizational culture of customer service across all business lines.
• Updating policies relating to urbanization of the unincorporated islands to assure consistency with
long-range planning, community safety, and fiscal sustainability.
City Council Goals 2020-2021
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COMMUNITY SAFETY
Preserve past improvements and promote future gains by:
• Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate
future service levels of the department to assure sustainability, public safety, and crime control over
the next 5-10 years.
• Collaborating with regional and community partners to evaluate and implement strategies to
reduce the incidence of homelessness.
• Leveraging and expanding partnerships to maintain and enhance behavioral health services to
community members in crisis being assisted by police and fire.
• Continuing efforts to improve police and community relations.
• Working to achieve and maintain target fire response times through operational improvements and
long-range strategic planning of facilities and staffing.
• Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community
rating.
• Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with
evaluating policies and methods to address needs and inequities.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly-functional multi-modal transportation network through:
• Commencement and completion of construction of the Lewis Street Overpass project.
• Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation
and safety.
• Data-driven pro-active neighborhood traffic calming efforts.
• Continued collaboration with Ben Franklin Transit to enhance mobility and access.
• Completion of a Transportation System Master Plan and utilization of its recommendations to
develop policies, regulations, programs, and projects that provide for greater connectivity, strategic
investment, mobility, multi-modal systems, accessibility, efficiency and safety.
ECONOMIC VITALITY
Promote and encourage economic vitality by supporting:
• Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID
restart, and City initiatives such as Downtown Master Plan process and sign code modifications.
• The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape
and gateway upgrades.
• The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts,
adoption of Urban Growth Area expansion alternative, implementation of adopted long-range
planning efforts with appropriate analysis and adoption of planning actions including: zoning code
changes, phased sign code update, and development regulations and standards.
• Increased efforts to promote the community as a desirable place for commercial and industrial
development by promoting small business outreach and assistance, predictability in project review,
and excellent customer service.
• Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate
development of the remaining state-owned properties at Road 68/I-182.
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• Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning
plan and provide for public infrastructure.
• Active partnerships in the planning and development of strategies to promote tourism and
deployment of assets to spur economic activity.
• In concert with community partners, development of a comprehensive economic development
plan.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion and image through:
• Continued efforts of community surveying through traditional methods and the application of new
technologies.
• Providing opportunities for community engagement through boards, commissions, volunteer
opportunities, social media, forums, and other outlets.
• Enhanced inter-agency and constituent coordination developed during the pandemic.
• Continued efforts of the community identity/image enhancement campaign to include promotion
of community and organizational successes.
• Enhanced participation and support of cultural events occurring within the community.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity
through art and culture programs.
For more information, visit www.pasco-wa.gov/councilgoals
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CALIDAD DE VIDA
Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y
reinversiones adecuadas en la infraestructura de la comunidad al:
• Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el
Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las
rutas seguras a los servicios esenciales.
• Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y
la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para
un futuro parque comunitario.
• Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los
esfuerzos de proporcionar más campos de fútbol y de otros deportes.
• Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para
desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta
sobre el desarrollo de una instalación acuática regional para que sea considerada por el público.
• Terminar la construcción de una nueva instalación para el control de animales.
• Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega
de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de
instalaciones públicas.
• Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y
Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad
cultural organizacional.
• Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para
promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal,
evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de
la comunidad.
• Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las
Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las
necesidades, el nivel de servicio, y la evaluación del centro.
• Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de
Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas.
SUSTENTABILIDAD FINANCIERA
Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas,
incluyendo:
• La evaluación regular de los servicios y de los programas para confirmar la importancia de la
comunidad, la capitalización adecuada, y el costo-beneficio.
Metas del Concilio de la
Ciudad del 2020-2021
Page 143 of 145
• La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la
Ciudad.
• La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los
servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las
instalaciones, y las oportunidades colaborativas.
• Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de
negocio.
• Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar
consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal.
SEGURIDAD COMUNITARIA
Preservar las mejorías anteriores y promover las ganancias futuras al:
• Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico
Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de
servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes
durante los siguientes 5-10 años.
• Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para
reducir los casos de personas sin techo.
• Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a
los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y
por los bomberos.
• Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad.
• Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías
operacionales y la planificación estratégica de instalaciones y personal a largo plazo.
• Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del
Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington).
• Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del
pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las
injusticias.
RED DE TRANSPORTE COMUNITARIO
Promover una red de transporte extremadamente funcional y multimodal a través de:
• El comienzo y el término de la construcción del proyecto Lewis Street Overpass.
• El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y
la seguridad.
• Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades.
• La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso.
• El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la
utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que
proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
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VITALIDAD ECONOMICA
Promover y motivar la vitalidad económica al apoyar:
• Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de
Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el
proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de
anuncios.
• La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos
continuos para discutir paisajes urbanos y actualizaciones de entradas.
• El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización
Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de
Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del
Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los
análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos
de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los
estándares.
• Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial
e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la
revisión de proyectos, y un excelente servicio al cliente.
• Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de
Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I-
182.
• La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un
plan de zonas costeras y proporcionar una infraestructura pública.
• Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo
y la utilización de recursos para estimular actividad económica.
• Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo
económico.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de:
• Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la
aplicación de nuevas tecnologías.
• Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas,
comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios.
• Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica.
• Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que
promuevan a la comunidad y a los éxitos organizacionales.
• Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad.
• El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y
celebrar la diversidad a través de programas de arte y cultura.
Para más información, visite www.pasco-wa.gov/councilgoals
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